704.730(a)(3)(C) Amazing Discovery??
Posted: Thu Feb 10, 2005 12:17 pm
Message
Right, but these debtors are presently unemployed.
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Thursday, February 10, 2005 12:17 PM
Subject: RE: [cdcbaa] 704.730(a)(3)(C) Amazing Discovery??
Nice try Mark. They look at the period of time after the petition is filed as well as the time before the petition was filed.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
Business bankruptcy specialist cert. by Amer. Bd. of Certification
-----Original Message-----
Sent: Thursday, February 10, 2005 10:32 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] 704.730(a)(3)(C) Amazing Discovery??
I can't believe this, but has anyone read In re Goldman, 70 F.3d 1028 (9th Cir. 1995) regarding the $150,000 homestead exemption due to low income if debtors are over 55 years old? It seems to say, I kid you not, that the CALENDAR year controls for purposes of determining debtors' income (must be less than $20,000 for a married couple). In other words, debtors can just wait until January 2 of any given year to file their case and say "I haven't earned $20,000 yet" and qualify.
I know this sounds outlandish, but I'm actually negotiation with a Trustee on this point right now. Am I missing something?
***********************************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173
(818)509-1460 (fax)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
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Message
Right, but these debtors are presently
unemployed.
----- Original Message -----
From:
David
A. Tilem
To: cdcbaa@yahoogroups.com
Sent: Thursday, February 10, 2005 12:17
PM
Subject: RE: [cdcbaa] 704.730(a)(3)(C)
Amazing Discovery??
Nice try
Mark. They look at the period of time after the petition is filed as
well as the time before the petition was filed.
David A. Tilem
Certified Bankruptcy
Specialist*
Law Offices of David A.
Tilem
500 N. Brand Blvd., #460, Glendale, CA
91203
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by
State Bar of CA Bd of Legal Specialization.
Business bankruptcy specialist cert. by Amer. Bd. of
Certification
-----Original Message-----From: Mark J. Markus
[mailto:bklawr@bklaw.com] Sent: Thursday, February 10, 2005 10:32
AMTo: cdcbaa@yahoogroups.comSubject: [cdcbaa]
704.730(a)(3)(C) Amazing Discovery??
I can't believe this, but has anyone read In re
Goldman, 70 F.3d 1028 (9th Cir. 1995) regarding the $150,000 homestead
exemption due to low income if debtors are over 55 years old? It
seems to say, I kid you not, that the CALENDAR year controls for purposes of
determining debtors' income (must be less than $20,000 for a married
couple). In other words, debtors can just wait until January 2 of
any given year to file their case and say "I haven't earned $20,000 yet" and
qualify.
I know this sounds outlandish, but I'm actually
negotiation with a Trustee on this point right now. Am I missing
something?
***********************************************Mark J.
MarkusLaw Office of Mark J. Markus11684 Ventura Blvd. PMB
#403Studio City, CA 91604-2652(818)509-1173(818)509-1460
(fax)e-mail: bklawr@bklaw.comweb:
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