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contribution in chapter 13
Omid at Curry's office. Yes the sister provided a contribution declaration. The sister is wealthy and helpingthe debtor and their mother who lives with the debtor.
Sent from my Stella Havkin's iPad
On Sep 11, 2013, at 8:41 PM, cdcbaa wrote:
> Stella:
>
> You are right. Contrib is income. Which trustee? Has sister stated her source of funds and that pymts guar for length of plan?
>
> d
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
>
>
> On Sep 10, 2013, at 10:07 AM, wrote:
>
>>
>> I have a debtor the bulk of whose income is from a regular contribution to her household by her wealthy sister. The sister has signed a commitment to contribute for the length of the plan. Effectively, the family member is paying the mortgage and car expenses which are significant. The trustee objected to the plan based on the fact that the "debtor's income must be sufficient to fund her expenses" and cited Lanning. I have never had an issue with this before. All contribution declarations were sufficient. I believe that "income" does not mean just from one owns' efforts, it also means receiving money from various sources including a regular contribution from a family member. Otherwise, alimony and child support would also not constitute income. Has any one ever dealt with this?
>>
>
>
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Stella:
You are right. Contrib is income. Which trustee? Has sister stated her source of funds and that pymts guar for length of plan?
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
On Sep 10, 2013, at 10:07 AM, wrote:
> I have a debtor the bulk of whose income is from a regular contribution to her household by her wealthy sister. The sister has signed a commitment to contribute for the length of the plan. Effectively, the family member is paying the mortgage and car expenses which are significant. The trustee objected to the plan based on the fact that the "debtor's income must be sufficient to fund her expenses" and cited Lanning. I have never had an issue with this before. All contribution declarations were sufficient. I believe that "income" does not mean just from one owns' efforts, it also means receiving money from various sources including a regular contribution from a family member. Otherwise, alimony and child support would also not constitute income. Has any one ever dealt with this?
>
>
The post was migrated from Yahoo.
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No the contributions have been made for 10 years now.
M>Sent: Sep 11, 2013 9:16 AM To: cdcbaa@yahoogroups.com Subject: Re: [cdcbaa] contribution in chapter 13 Sounds as if the trustee isn't concerned with contributions per se, but rather sees these particular declarations as providing insufficient information or assurances that such contributions will be made.-------------Jay S. Fleischman, Esq.Shaev & Fleischman, LLPI help people in the Los Angeles area and New York City get smart solutions to their bill problems.http://www.ConsumerHelpCentral.com556 S Fair Oaks Ave Ste 101-152Pasadena CA 91105-26561430 Broadway Ste 1802New York NY 10018-3354T: 626-808-4343 x704E: jay@sflawca.comEmail isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.On Sep 11, 2013, at 9:08 AM, Kirk Brennan wrote:> > I have confirmed plans with debtors who receive significant financial contributions from relatives. Shouldn't be a problem. Take it to the judge if you have to.> > > On Tue, Sep 10, 2013 at 10:07 AM, wrote:> > > I have a debtor the bulk of whose income is from a regular contribution to her household by her wealthy sister. The sister has signed a commitment to contribute for the length of the plan. Effectively, the family member is paying the mortgage and car expenses which are significant. The trustee objected to the plan based on the fact that the "debtor's income must be sufficient to fund her expenses" and cited Lanning. I have never had an issue with this before. All contribution declarations were sufficient. I believe that "income" does not mean just from one owns' efforts, it also means receiving money from various sources including a regular contribution from a family member. Otherwise, alimony and child support would also not constitute income. Has any one ever dealt with this?> > > > > > -- > Kirk Brennan> > CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. > TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director. > >
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charsetndows-1252
Sounds as if the trustee isn't concerned with contributions per se, but rather sees these particular declarations as providing insufficient information or assurances that such contributions will be made.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people in the Los Angeles area and New York City get smart solutions to their bill problems.
http://www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
1430 Broadway Ste 1802
New York NY 10018-3354
T: 626-808-4343 x704
E: jay@sflawca.com
Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.
On Sep 11, 2013, at 9:08 AM, Kirk Brennan wrote:
>
> I have confirmed plans with debtors who receive significant financial contributions from relatives. Shouldn't be a problem. Take it to the judge if you have to.
>
>
> On Tue, Sep 10, 2013 at 10:07 AM, wrote:
>
>
> I have a debtor the bulk of whose income is from a regular contribution to her household by her wealthy sister. The sister has signed a commitment to contribute for the length of the plan. Effectively, the family member is paying the mortgage and car expenses which are significant. The trustee objected to the plan based on the fact that the "debtor's income must be sufficient to fund her expenses" and cited Lanning. I have never had an issue with this before. All contribution declarations were sufficient. I believe that "income" does not mean just from one owns' efforts, it also means receiving money from various sources including a regular contribution from a family member. Otherwise, alimony and child support would also not constitute income. Has any one ever dealt with this?
>
>
>
>
>
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>
>
charsetndows-1252
Sounds as if the trustee isn't concerned with contributions per se, but rather sees these particular declarations as providing insufficient information or assurances that such contributions will be made.
-------------Jay S. Fleischman, Esq.Shaev & Fleischman, LLPI help people in the Los Angeles area and New York City get smart solutions to their bill problems.
The post was migrated from Yahoo.
I have confirmed plans with debtors who receive significant financial
contributions from relatives. Shouldn't be a problem. Take it to the
judge if you have to.
On Tue, Sep 10, 2013 at 10:07 AM, wrote:
> **
>
>
> I have a debtor the bulk of whose income is from a regular contribution to
> her household by her wealthy sister. The sister has signed a commitment to
> contribute for the length of the plan. Effectively, the family member is
> paying the mortgage and car expenses which are significant. The trustee
> objected to the plan based on the fact that the "debtor's income must be
> sufficient to fund her expenses" and cited Lanning. I have never had an
> issue with this before. All contribution declarations were sufficient. I
> believe that "income" does not mean just from one owns' efforts, it also
> means receiving money from various sources including a regular contribution
> from a family member. Otherwise, alimony and child support would also not
> constitute income. Has any one ever dealt with this?
>
>
>
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
I have confirmed plans with debtors who receive significant financial contributions from relatives. Shouldn't be a problem. Take it to the judge if you have to.
On Tue, Sep 10, 2013 at 10:07 AM, <havkinlaw@earthlink.net> wrote:
I have a debtor the bulk of whose income is from a regular contribution to her household byherwealthy sister. The sisterhas signed a commitment to contribute for the length of the plan. Effectively, the family member is paying the mortgage and car expenses which are significant. The trustee objected to the plan based on the fact that the "debtor's income must be sufficient to fund her expenses" and cited Lanning. I have never had an issue with this before.All contribution declarations were sufficient. I believe that "income" does not mean just from one owns' efforts, it also means receiving money from various sources including a regular contribution from a family member.
-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
The post was migrated from Yahoo.
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That is what I keep telling him. I will file a formal response. He is also having an issue with my client being a smoker because the chapter 13 plan payments are small. Thanks.
Sent: Sep 10, 2013 10:21 AM To: "cdcbaa@yahoogroups.com" Subject: RE: [cdcbaa] contribution in chapter 13 Section 109(e) only requires that the debtor have regular incomeuld seem appropriate to utilize contribution income to create dispyahoogroups.com] On Behalf Of havkinlaw@earthlink.netSent: Tuesday, September 10, 2013 10:08 AMTo: cdcbaa@yahoogroups.comSubject: [cdcbaa] contribution in chapter 13I have a debtor the bulk of whose income is from a regular contribution to her household by her wealthy sister. The sister has signed a commitment to contribute for the length of the plan. Effectively, the family member is paying the mortgage and car expenses which are significant. The trustee objected to the plan based on the fact that the "debtor's income must be sufficient to fund her expenses" and cited Lanning. I have never had an issue with this before. All contribution declarations were sufficient. I believe that "income" does not mean just from one owns' efforts, it also means receiving money from various sources including a regular contribution from a family member. Otherwise, alimony and child support would also not constitute income. Has any one ever dealt with this?
The post was migrated from Yahoo.