[NCNCA] Sorry

[Lawrence Szabo]

OOpps. NCNCA is an acronym that;s too close to another group that deals 
with those type of issues.  Sorry for the intrusion.

Larry

On Aug 15, 2007, at 12:15 PM, Rupert Brauch wrote:

> Perhaps you would have better luck if you asked a group of attorneys, 
> rather than a group of bike racers
>
> Lawrence Szabo wrote:
>
>> The OUST has filed a "presumption of abuse" regarding my client even 
>> though their Form 22A results in the presumption not arising. The 
>> OUST believes that my clients cannot deduct form CMI their large 
>> secured debt payments  because my clients have decided to "surrender" 
>> their California dream home. The most recent case I found,  In re 
>> Benedetti,  2007 WL 2083576 (Bkrtcy.S.D.Fla.,2007) July 13, 2007 
>> relied on these cases in holding that  such deduction is proper:
>>
>> In re Walker, --- B.R. ----, 2006 WL 1314125 (Bankr.N.D.Ga.2006)
>> In re Oliver, 2006 WL 2086691 (Bankr.D.Ore.2006)
>> In re Hartwick, 352 B.R. 867 (Bankr.D.Minn.2006)
>>
>> Benedetti cited the following cases holding that the secured debts 
>> for surrendered collateral are not included in the means test 
>> calculation:
>>
>> In re Skaggs, 349 B.R. 594 (Bankr.E.D.Mo.2006),
>> In re Love, 350 B.R. 611 (M.D.Ala.2006),
>> In re Crittendon, 2006 WL 2547102 (Bankr.M.D.N.C.2006),
>> In re Edmunds, 350 B.R. 636 (Bankr.D.S.C.2006) and
>> In re Harris, 353 B.R. 304 (Bankr.E.D.Okla.2006)
>>
>> Looks like I'm down 5 to 4 at this point.  Does anyone know of other 
>> cases on the issue, either pro or con? Much appreciated.
>>
>>
>> Larry Szabo
>> Oakland, CA
>>
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>