Support of elderly parent and Chapter 13 best efforts
Posted: Wed Nov 28, 2012 3:40 pm
Yes, I have argued that in a chapter 7, but haven't seen how that
flies in a chapter 13.
On 11/28/12, Patrick T. Green wrote:
> Child has a duty to support needy parent under CA Fam Code 4400.
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> If you have any questions or concerns, please contact me.
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> Pat
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> Patrick T. Green
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> Attorney at Law
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> Fitzgerald & Green
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> 1010 E. Union St. Ste. 206
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> Pasadena, CA 91106
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> Tel: 626-449-8433
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> Fax: 626-449-0565
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> pat@fitzgreenlaw.com
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> Holly Roark
> Sent: Wednesday, November 28, 2012 2:13 PM
> To: Strictly Bankruptcy Issues; cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Support of elderly parent and Chapter 13 best efforts
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> Debtor has paid his elderly mother's rent for the last 20 years. It is
> currently $1,600/month. He used to declare his mother as a dependent on
> his
> tax returns but only recently stopped doing this. Debtor has negative DMI
> but under the liquidation analysis debtor has to do a 50% plan. We are
> including his $1,600/month payments to mother's rent on Schedule J. My
> concern is that the trustee will say that money should be going to
> creditors
> and will ask for a higher percent plan. Debtor's mother cannot pay her own
> rent and would not survive without Debtor's assistance.
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> I would like to hear from anyone who has dealt with this situation before,
> specifically in downtown LA. The case is not yet filed. If Debtor wasn't
> paying mother's rent, he would be able to do 100% Plan but he is not about
> to throw his mom out in the street. How can I present this to the trustee
> so it will fly?
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> Holly Roark
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> holly@roarklawoffices.com
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> www.roarklawoffices.com
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> Central District of California
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> Consumer Bankruptcy Attorney
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> 1875 Century Park East, Suite 600
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> Los Angeles, CA 90067
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> T (310) 553-2600
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> F (310) 553-2601
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Sent from my mobile device
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
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