CH11 eligibility
Posted: Fri Jan 04, 2013 5:16 pm
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
The post was migrated from Yahoo.