Chapter 13 Liquidation Analysis-- Do full Chapter 7
Posted: Wed Mar 16, 2016 9:29 am
Yes, you are correct.
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law Firm
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Glendale, CA 91203
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On Wed, Mar 16, 2016 at 9:08 AM, 'Steven B. Lever' sblever@leverlaw.com
[cdcbaa] wrote:
>
>
> Dear Chapter 13 Debtors attorneys;
>
>
>
> Im getting push back from a Chapter 13 Trustee on using the Chapter 7
> Trustees fees as a deduction (which I include along with exemptions and
> cost of sale) in the liquidation analysis required under the best efforts
> requirement of 11 U.S.C. 1325.
>
>
>
> In my case they are substantial, in that Chapter 7 Trustees also get the
> statutory amount under 11 U.S.C. 326(a) for secured as well as unsecured
> debt. In my case thats a $36,000 deduction.
>
>
>
> The Trustee is citing in re Lopez, and the case is completely off point.
>
>
>
> Im about to contest this and before I start tilting at windmills, Im
> wondering about the opinion of my colleagues who tread in the swamps of
> Chapter 13. Initially at least Im having trouble finding case law to
> support my position.
>
>
>
> Am I correct that I can deduct Chapter 7 Trustee fees?
>
>
>
> Steve
>
>
>
>
>
> Law Offices of Steven B. Lever
>
>
>
> Steven B. Lever
>
> ( Tel. (562) 436-5456 ext. 1
>
> ( Fax (562) 485-6886
>
> * sblever@leverlaw.com
>
> www.leverlaw.com
>
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Yes, you are correct.Sincerely,Michael Avanesian, Esq.
The post was migrated from Yahoo.