I have confirmed plans with debtors who receive significant financial
contributions from relatives. Shouldn't be a problem. Take it to the
judge if you have to.
On Tue, Sep 10, 2013 at 10:07 AM, wrote:
> **
>
>
> I have a debtor the bulk of whose income is from a regular contribution to
> her household by her wealthy sister. The sister has signed a commitment to
> contribute for the length of the plan. Effectively, the family member is
> paying the mortgage and car expenses which are significant. The trustee
> objected to the plan based on the fact that the "debtor's income must be
> sufficient to fund her expenses" and cited Lanning. I have never had an
> issue with this before. All contribution declarations were sufficient. I
> believe that "income" does not mean just from one owns' efforts, it also
> means receiving money from various sources including a regular contribution
> from a family member. Otherwise, alimony and child support would also not
> constitute income. Has any one ever dealt with this?
>
>
>
Kirk Brennan
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I have confirmed plans with debtors who receive significant financial contributions from relatives. Shouldn't be a problem. Take it to the judge if you have to.
On Tue, Sep 10, 2013 at 10:07 AM, <
havkinlaw@earthlink.net> wrote:
I have a debtor the bulk of whose income is from a regular contribution to her household byherwealthy sister. The sisterhas signed a commitment to contribute for the length of the plan. Effectively, the family member is paying the mortgage and car expenses which are significant. The trustee objected to the plan based on the fact that the "debtor's income must be sufficient to fund her expenses" and cited Lanning. I have never had an issue with this before.All contribution declarations were sufficient. I believe that "income" does not mean just from one owns' efforts, it also means receiving money from various sources including a regular contribution from a family member.
-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
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