Student Loans, Wolff and Debt Limits [1 Attachment]
Posted: Tue Aug 14, 2018 1:56 pm
This is where I kindly thank you for giving me information that slams a
door shut in my face!
Still, I'd rather have the confirmation of the answer I strongly suspected now than after the case is filed. And that's
as clear as one could want.
And at the risk of getting Pat Green telling me that "there's no such
thing as community debt, only debt that can be enforced against
community property" ... maybe student loan debtor's wife can file if the
student loans were incurred before marriage.
*/Hale Andrew Antico/*
(888) 54-BKLAW
http://www.los-angeles-bankruptcy.net
/Vice-President, Board Member, Central Dist Consumer Bankruptcy
Attorneys' Assn.(CDCBAA)/
/Past President, Board Member, James T. King Bankruptcy Inn of Court/
/Member, National Association of Consumer Bankruptcy Attorneys (NACBA)/
/We are a federally designated Debt Relief Agency under the United
States Bankruptcy Laws./
/We assist people with finding solutions to their debt problems,
including, where appropriate, assisting them with the filing of
petitions for relief under the United States Bankruptcy Code./
/Email isn't secure, so it's not confidential. By communicating with me
by email, you understand that it's not confidential./
/This does not constitute an electronic signature./
On 8/14/2018 9:20 AM, 'Peter M. Lively' petermlively2000@yahoo.com
[cdcbaa] wrote:
> [Attachment(s) from Peter M. Lively included below]
> If the trustee raises the 109(e) debt limit issue, then the court must
> look only at the schedules... no public policy or "spirit of the law"
> arguments will apply.
>
> Peter M. Lively, J.D., M.B.A.
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310)
> 391-2462
>
>
> On Tuesday, August 14, 2018, 7:36:33 AM PDT, Hale Andrew Antico
> bk.lawyer@gmail.com [cdcbaa] wrote:
>
>
> Potential Chapter 13 L.A. client has massive student loan debt which
> puts him over the unsecured debt limit of 109(e). But for the student
> loans, it's under the limit. If the plan proposes the student loans
> are paid directly per _Wolff_ 22 B.R. 510 (9th Cir, 1982), there's a
> chance most or all of the other unsecured debt would get 100%. That
> would still run up against the language of 109(e), though there's an
> argument that the debt isn't being managed or disbursed by the trustee
> so it shouldn't "count," circumventing the letter of the statute for
> the rationale and spirit of it. Debtor doesn't want Chapter 11.
>
> Questions:
>
> 1) has anyone successfully confirmed a Chapter 13 plan in L.A. with
> over-the-limit facts where _Wolff_ was in play and was approved? (or
> even generally)
>
> 2) In a _Wolff_ scenario, must the payment to the student loans (or
> dentist or whomever) be the contractual monthly amount, or is a new
> proposed one possible (pending objection)?
>
> Thanks!
>
> Hale
>
> --
>
> */Hale Andrew Antico/*
>
> (888) 54-BKLAW
> http://www.los-angeles-bankruptcy.net
>
> /Vice-President, Board Member, Central Dist Consumer Bankruptcy
> Attorneys' Assn.(CDCBAA)/
> /Past President, Board Member, James T. King Bankruptcy Inn of Court/
> /Member, National Association of Consumer Bankruptcy Attorneys (NACBA)/
>
> /We are a federally designated Debt Relief Agency under the United
> States Bankruptcy Laws./
> /We assist people with finding solutions to their debt problems,
> including, where appropriate, assisting them with the filing of
> petitions for relief under the United States Bankruptcy Code./
>
> /Email isn't secure, so it's not confidential. By communicating with
> me by email, you understand that it's not confidential./
>
> /This does not constitute an electronic signature./
>
>
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