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Best Efforts in Chapter 13 re: parochial school expenses
"We have filed several cases under Kagenveama and succeeded in getting them confirmed." Any confirmed for less than a 36 month plan term?
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
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On Fri Mar 6 15:44 , 'Nancy Clark' sent:
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You will definitely draw an objection from the trustee but you may have
compelling facts for parochial school if the family is very religious. I
would love to hear how that plays out. The Valley Judges would be the
best Judges to try that argument out on.
We have filed several cases under Kagenveama and succeeded in getting
them confirmed.
Nancy B. Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
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Potential client in what would theoretically be a Valley case takes on second job to earn enough money to pay the mortgage and keep children in parochial school at about $400 per month for each of the two children. Without second job would not be able to afford mortgage or pay any unsecured creditors. With second job will be able to afford mortgage and pay approximately 50% chunk to unsecured creditors if in five year Chapter 13 plan or 20% if in a three year plan. This potential debtor is already above the median income with the first job, but would fail the means test with only the one job. Will this theoretical client face a best efforts issue relating to the children's religious school education expense since it is above the $137.50 per child in the means test or is there any hope in making the argument that taking on the otherwise not required second job and thus going the extra mile to pay the creditors at least something overcomes the best efforts issue?
To this theoretical client the children's religious school education is paramount.
I realize that the plan need not be 5 years long based upon Kagenveama. Has anyone had any success with confirming less than a 36 month plan based upon Kagenveama? I suppose the alternative argument would be to extend the plan payment longer than the minimum required to make up the difference in the parochial school expense, but will that draw fire as well on best efforts because the first 36 months are not best efforts based on the school tuition?
Mark Jessee
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