Chapter 7 converted to Chapter 13
Posted: Fri Aug 09, 2013 6:31 pm
Dear Nancy,
The Chapter 7 Trustee may find it helpful to review the concept of community property. In the absence of a prenuptial agreement, community property includes all assets other than those inherited by a spouse and those a spouse had on the wedding day. In particular, wages and anything purchased with wages are community property. Community property is available to pay the debts of either spouse, and is therefore available to make either spouse's plan payments. It is for this reason that 524(a)(3) was included in the Code. Thus, if the community income sufficed to propose a feasible plan, and the 109(e) limits were not implicated, the debtor is eligible for Chapter 13 relief. Of course, if there are 1328(f) limitations the debtor might be ineligible for a discharge, but discharge ineligibility plays no role in filing eligibility.
You're facing Chapter 7 Trustee cupidity, nothing more, nothing less.
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist
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