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CH11 eligibility
109(d) does not say that. It says you cannot be a debtor in a
Chapter 11 if you can't be a debtor in a Chapter 7. Why can't she
be a debtor in a Chapter 7? She can--she just can't receive a
discharge of debts. You can file a Chapter 11 for her and, assuming
you can get the votes and over the absolute priority rule hurdle
depending on your judge, confirm a plan based solely on disposable
income. That won't eliminate the debt but it will give her a
payment plan. Whether that's beneficial in her situation or not is
another story altogether.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
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A potential client is asking if she file a ch11 14 months after her chapter
7 discharge. As I read 109(d) she has to be eligible for a ch7; which she
is not. She can't do a ch20 because of 109(e) secured debt limits. So are
there any bankruptcy options? Apparently there is no chapter "18" option.
Have I missed something?
Best Regards
Larry Webb
Law Office of Larry Webb
484 Mobil Ste 43
Camarillo, Ca 93010
805-987-1400
Email Webblaw@Earthlink.net
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