[CNYBBA-LISTSERV] CNYBBA Digest, Vol 9, Issue 3

Tue Aug 15 13:53:42 CDT 2006

Well said, Mary Fangio. 

Guy A. Van Baalen
Assistant U.S. Trustee
U.S. Courthouse and Federal Building
10 Broad Street, Suite 105
Utica, New York  13501
(315)793-8191
(315) 793-8133 (fax)</> 

</>

-----Original Message-----
From: cnybba-bounces at cnybba.org [mailto:cnybba-bounces at cnybba.org] On Behalf Of cnybba-request at cnybba.org
Sent: Tuesday, August 15, 2006 1:01 PM
To: cnybba at cnybba.org
Subject: CNYBBA Digest, Vol 9, Issue 3
Importance: Low

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Today's Topics:

   1. FW: UST Legal positions (Lynn Harper Wilson)
   2. UST Legal Positions (Lynn Harper Wilson)
   3. Payment Advices (Richard Ruswick)
   4. Re: Payment Advices (Mary Fangio)

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Message: 1
Date: Tue, 15 Aug 2006 09:25:10 -0400
From: "Lynn Harper Wilson" <lhwilson at cnytrustee.com>
Subject: [CNYBBA-LISTSERV] FW: UST Legal positions
To: <cnybba at cnybba.org>
Message-ID: <540ff2$rnujd at smtp.choiceone.net>
Content-Type: text/plain;	charset="US-ASCII"

Here's a message forwarded by Mark ...

-----Original Message-----
From: 
Sent: Monday, August 14, 2006 3:07 PM
To: NACTT Trustee
Subject: UST Legal positions

For those of you who have not checked out the UST website lately you might want to check the What's New section today and click on the Frequently Asked Questions For Trustees under BAPCPA to find the latest UST position on a number of issues relating to BAPCPA. 

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Message: 2
Date: Tue, 15 Aug 2006 09:33:48 -0400
From: "Lynn Harper Wilson" <lhwilson at cnytrustee.com>
Subject: [CNYBBA-LISTSERV] UST Legal Positions
To: <cnybba at cnybba.org>
Message-ID: <540ff2$ro2np at smtp.choiceone.net>
Content-Type: text/plain; charset="us-ascii"

Sorry, I meant to add this link to that last message:
http://www.usdoj.gov/ust/eo/bapcpa/trustees_faqs.htm#ch13_issue4

(Need more caffeine ...)

***************************************
Lynn Harper Wilson, Staff Attorney
Standing Chapter 12 & 13 Trustee's Office Syracuse, New York
    e-mail:  <mailto:lhwilson at cnytrustee.com> lhwilson at cnytrustee.com
        web site:  <http://www.cnytrustee.com/> http://www.cnytrustee.com 

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Message: 3
Date: Tue, 15 Aug 2006 08:47:48 -0700 (PDT)
From: Richard Ruswick <ruswick_law at yahoo.com>
Subject: [CNYBBA-LISTSERV] Payment Advices
To: Listserv CNYBBA <CNYBBA at cnybba.org>
Message-ID: <20060815154748.44546.qmail at web54204.mail.yahoo.com>
Content-Type: text/plain; charset="iso-8859-1"

Sec. 521(a)(1)(B)(iv) requires the filing of payment advices "received by the debtor."  Therefore, I assume that where you have a husband and wife living together, but only one files the bankruptcy, you are required to file only the payment advices of the filing spouse.  You would not be required to file the payment advices of the non-filing spouse even though his or her income is used for the purposes of Form B22.   Is that correct?  Does anyone have any different interpretation of that provision?

  Thanks,

  Dick Ruswick 

---------------------------------
Do you Yahoo!?
 Everyone is raving about the  all-new Yahoo! Mail Beta.
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Message: 4
Date: Tue, 15 Aug 2006 12:13:35 -0400
From: "Mary Fangio" <mary at fangiolaw.com>
Subject: Re: [CNYBBA-LISTSERV] Payment Advices
To: "'Central New York Bankruptcy Bar Association'"
	<cnybba at cnybba.org>
Message-ID: <002101c6c085$c5a84340$6500a8c0 at DCLQF821>
Content-Type: text/plain; charset="us-ascii"

In my opinion only the debtor has to file the payment advices.  However the UST or the Trustee could ask for proof of the non-filing spouse's income so you may ultimately have to come up with proof of that income but you don't have to file them.

Mary Fangio

-----Original Message-----
From: cnybba-bounces at cnybba.org [mailto:cnybba-bounces at cnybba.org] On Behalf Of Richard Ruswick
Sent: Tuesday, August 15, 2006 11:48 AM
To: Listserv CNYBBA
Subject: [CNYBBA-LISTSERV] Payment Advices

Sec. 521(a)(1)(B)(iv) requires the filing of payment advices "received by the debtor."  Therefore, I assume that where you have a husband and wife living together, but only one files the bankruptcy, you are required to file only the payment advices of the filing spouse.  You would not be required to file the payment advices of the non-filing spouse even though his or her income is used for the purposes of Form
B22.   Is that correct?  Does anyone have any different interpretation
of that provision?

Thanks,

Dick Ruswick 

  _____  

Do you Yahoo!?
Everyone is raving about the all-new
<http://us.rd.yahoo.com/evt=42297/*http://advision.webevents.yahoo.com/h
andraisers> Yahoo! Mail Beta.

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End of CNYBBA Digest, Vol 9, Issue 3
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