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Chapter 13 Plan Feasibility
No. My understanding that all of the judges found disfavor with Judge Yun's decision. I am surprised that Judge Saltzman is taking this position.
Keith Higginbotham
cdcbaacheck@aol.com
To: cdcbaa
Sent: Fri, Mar 30, 2018 12:05 pm
Subject: [cdcbaa] Chapter 13 Plan Feasibility
Chapter 13 Family Contribution. In Santa Barbara, Trustee Rojas has a declaration form for family members who are contributing to make a chapter 13 plan feasible. I have used this before with no objections from the Trustee. Now I have an ex-spouse creditor objecting to confirmation citing a Riverside case, In Re Deutsch 529 BR 308, 313 that defines four factors for family contributions.
1) the nondebtors relationship to the debtor and motivation in making the contributions;
(2) the nondebtors long and undisputed history of making the contributions or otherwise providin g support for the debtor;
(3) the unqualified commitment of the nondebtor to make the contributions in a specific amount for the duration of the chapter 13 plan; and
(4) the financial ability of the nondebtor to make the proposed contributions, including expenses and liabilities of the nondebtor that might take precedence over the contributions.
The court in Santa Barbara agreed that Deutsch is the correct law and set a briefing schedule on the issue of Deutsch feasibility factors. The court also wants the family member t o appear.
Is Deutsch now the standard for family contributions in Chapter 13 Plans?
Larry Webb
California Board of Legal Specialization
Certified Specialist in Bankruptcy Law
Map Location
WEBSITE
Webblaw@gmail.com
P 805.987.1400
C 805.750.2150
No. My understanding that all of the judges found disfavor with Judge Yun's decision. I am surprised that Judge Saltzman is taking this position.
Keith Higginbotham
cdcbaacheck@aol.com
-----Original Message-----
To: cdcbaa <cdcbaa@yahoogroups.com>
Sent: Fri, Mar 30, 2018 12:05 pm
Subject: [cdcbaa] Chapter 13 Plan Feasibility
Chapter 13 Family Contribution. In Santa Barbara, Trustee Rojas has a declaration form for family members who are contributing to make a chapter 13 plan feasible. I have used this before with no objections from the Trustee. Now I have an ex-spouse creditor objecting to confirmation citing a Riverside case, In Re Deutsch 529 BR 308, 313 that defines four factors for family contributions.
1) the nondebtors relationship to the debtor and motivation in making the contributions;
(2) the nondebtors long and undisputed history of making the contributions or otherwise providin
g support for the debtor;
(3) the unqualified commitment of the nondebtor to make the contributions in a specific amount for the duration of the chapter 13 plan; and
(4) the financial ability of the nondebtor to make the proposed contributions, including expenses and liabilities of the nondebtor that might take precedence over the contributions.
The court in Santa Barbara agreed that Deutsch is the correct law and set a briefing schedule on the issue of Deutsch feasibility factors. The court also wants the family member t
o appear.
Is Deutsch now the standard for family contributions in Chapter 13 Plans?
Larry Webb
California Board of Legal Specialization
Certified Specialist in Bankruptcy Law
The post was migrated from Yahoo.
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Chapter 13 Family Contribution. In Santa Barbara, Trustee Rojas has a
declaration form for family members who are contributing to make a chapter
13 plan feasible. I have used this before with no objections from the
Trustee. Now I have an ex-spouse creditor objecting to confirmation citing
a Riverside case, In Re Deutsch 529 BR 308, 313 that defines four factors
for family contributions.
1) the nondebtor's relationship to the debtor and motivation in making the
contributions;
(2) the nondebtor's long and undisputed history of making the contributions
or otherwise providing support for the debtor;
(3) the unqualified commitment of the nondebtor to make the contributions in
a specific amount for the duration of the chapter 13 plan; and
(4) the financial ability of the nondebtor to make the proposed
contributions, including expenses and liabilities of the nondebtor that
might take precedence over the contributions.
The court in Santa Barbara agreed that Deutsch is the correct law and set a
briefing schedule on the issue of Deutsch feasibility factors. The court
also wants the family member to appear.
Is Deutsch now the standard for family contributions in Chapter 13 Plans?
Larry Webb
California Board of Legal Specialization
Certified Specialist in Bankruptcy Law
The post was migrated from Yahoo.