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1322(a)(4)--providing for less than full payment of
If I understand you to say that debtor is paying less than the full amount past due of priority DSO then you need to have an agreement with CSS and the Mother, if she is affected, agreeing to this treatment, it can even be agreeing on the wording for the miscellaneous clauses in the plan, then you can add the information about the interest.
Law Office of Catherine Christiansen
Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization.
On Monday, September 22, 2014 2:18 PM, "Daniela Romero dromerolaw@gmail.com [cdcbaa]" wrote:
Hi all,
I have a client that will be proposing to pay less than half of all amounts due on spousal support arrears during the 5-year term of the chapter 13 plan. The plan provides that all of the debtor's projected disposable income over 5 years will be paid into the plan.
My question is whether we can try to lock down all of the arrears at 0% interest (both amount being paid under the terms of the plan and the amount that will be remaining at the end of the plan)? Or, will interest continue to accrue on the portion that the debtor does not pay during the applicable commitment period?
Thanks.
Sincerely,
Daniela P. RomeroLaw Office of Daniela P. Romero, APLC
1015 North Lake Ave., Ste. 212
Pasadena, CA 91104
Tel: (626) 817-2611
Fax: (626) 296-6991
email: dromerolaw@gmail.com
web: www.pasadenabankruptcylaw.com
The post was migrated from Yahoo.
Does it make a difference that the 10% interest is statutory, not contractual?
Sent from iPad of
Vernon L. Ellicott, Esq.
Law Offices of Vernon L. Ellicott
(805) 446-6262 Thousand Oaks, CA
(661) 222-2922 Valencia, CA
(805) 446-6262 Fax
On Sep 22, 2014, at 2:19 PM, "Daniela Romero dromerolaw@gmail.com [cdcbaa]" wrote:
Hi all,
I have a client that will be proposing to pay less than half of all amounts due on spousal support arrears during the 5-year term of the chapter 13 plan. The plan provides that all of the debtor's projected disposable income over 5 years will be paid into the plan.
My question is whether we can try to lock down all of the arrears at 0% interest (both amount being paid under the terms of the plan and the amount that will be remaining at the end of the plan)? Or, will interest continue to accrue on the portion that the debtor does not pay during the applicable commitment period?
Thanks.
Sincerely,
Daniela P. Romero
Law Office of Daniela P. Romero, APLC
1015 North Lake Ave., Ste. 212
Pasadena, CA 91104
Tel: (626) 817-2611
Fax: (626) 296-6991
email: dromerolaw@gmail.com
web: www.pasadenabankruptcylaw.com
The post was migrated from Yahoo.