Central District Consumer Bankruptcy Attorney's Association

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.
>
>
>
> If you have any questions or concerns, please contact me.
>
>
>
> Pat
>
>
>
> Patrick T. Green
>
> Attorney at Law
>
> Fitzgerald & Green
>
> 1010 E. Union St. Ste. 206
>
> Pasadena, CA 91106
>
> Tel: 626-449-8433
>
> Fax: 626-449-0565
>
> pat@fitzgreenlaw.com
>
>
>
> 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
>
>
>
>
>
> 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.
>
>
>
> 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?
>
>
>
>
>
> 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
>
>
>
>
>
>
>
>
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

The post was migrated from Yahoo.

Child has a duty to support needy parent under CA Fam Code 4400.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

The post was migrated from Yahoo.

I have argued it and have had plans confirmed but only in the Valley.
Sent from my Stella Havkin's IPhone
On Nov 28, 2012, at 2:12 PM, Holly Roark wrote:
> 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.
>
> 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?
>
>
> 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
>
>
>

The post was migrated from Yahoo.

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.
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?
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
Debtor has paid his elderly mother's rent for the last 20 years.endent 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.
I would like to hear from anyone who has dealt with this situation before, specifically in downtown LA. The case is not yet file
The post was migrated from Yahoo.