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Wednesday, November 23, 2005

Question from Member ... Looking for Feedback

Ladies and Gentlemen: First, let me wish each and every one of you Happy Holidays as we kick off this 2005 Thanksgiving-Christmas/Qwanza/Khanuka season (or as I call it, Thankschrisqwanzuka). I would include Ramadann but that month has already passed. Now, on to business. Member Jan Watson asks the following question and wants your feedback: Have you heard any comments on how CH 7 trustees and the UST are going to deal with changes in income - i.e. job loss - less than 6 months prior to filing. Using the 6 month income for both spouses, the presumption of abuse exists, although the income also no longer exists. Is this a situation where the trustee can waive the presumption? Or, do the clients, in essence need to wait 6 months to file? Same backward/forward issue on the expense side. Clients will probably surrender their upside down home with a large mortgage payment and 1 vehicle. Still use past 6 months expense figures on schedule J? Thanks for your input. I recommend commenting directly to this Blog post, or contacting me at mhedayat@mha-law.com so that I can post the results.

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