Albuauqerque, NM
Ethics and professional responsibility Lawyer at Albuauqerque, NM
Practice Areas: Ethics & Professional Responsibility
OUTCOME: Trustee withdrew motion after pre trial argument
US Trustees Office filed a Presumption of Abuse Motion to Dismiss a Chapter 7 based upon excess income. The source of the excess income was Social Security Disability Income.
OUTCOME: Mortgage holders objection denied
Debtor allowed to with hold arrearages to homestead mortgage holder while seeking a mortgage modification under HAMP
OUTCOME: Petitioner's 524 (i) language approved
Petitioner included language in his plan to direct the treatment of pre and post-petition mortgage payments. The language became necessary under BAPCPA - Bankruptcy Abuse Prevention Consumer Protectio ... n Act. The intent is to protect the Petitioner from the automatic assessment of fees for a mortgage classified as in default.
OUTCOME: Vehicle's Negative Equity Not Protected - 1325 (a)
Negative equity financed as part of new vehicle loan did not qualify for purchase money security interest treatment under the "hanging paragraph" of section 1325(a). The court adopted the "dual purpose ... " rule, allowing only the portion of the secured claim in the new car to qualify for hanging paragraph treatment.
OUTCOME: B22 Controls Certain Living Expenses
Creditor objected to confirmation of debtor's amended chapter 13 plan. Creditor contended that debtor improperly calculated both her housing and transportation expenses and failed to apply all of their ... disposable income to the plan. The debtor's actual monthly housing expense was $640, but she deducted the entire monthly housing allowance of $712 specified in the Local Standards. The debtor's actual monthly transportation expense totaled $95, but she deducted the $471 specified in the Local Standards monthly transportation allowance. The court found that the expenses in the Local Standards are fixed expenses and apply even if a debtor's actual expenses are lower than the Local Standard allowance. Accordingly, the court overruled creditor's objection to debtor's amended plan.
OUTCOME: Couple Entitled to Seperate Housing Expenses
Married debtors who filed joint petition but were living separately and in the process of divorce could claim expenses of second household as "special circumstances" but the expenses of that household ... were limited to the appropriate National and Local Standards
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