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US Trustee Positions on Ch 13 Legal Issues

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    US Trustee Positions on Ch 13 Legal Issues

    Found a very informative document today on the US Trustees' website that goes into detail about how the US Trustees office interprets specific lines on the Ch 13 B22C forms (including what's allowed and what's not) when calculating disposable income.

    Official website of the U.S. Department of Justice (DOJ). DOJ’s mission is to enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and


    What I found most interesting:

    - In multiple locations, if you are surrending an asset, the costs of loan payments and upkeep for that asset cannot be included in expenses

    - See page 9 Line 50 stating that "mathematical exactitude" is not necessary for calculating the monthly payment

    - See page 9 Line 58 stating that the US Trustees are now considering future projected income as well as the income showin on the six-month look back

    Ch 13 is in an evolving, ever-changing state of legal interpretations for sure.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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