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Heads on Beds in Chapter 13 Riverside
Posted: Wed Nov 03, 2010 7:52 pm
by Yahoo Bot
NO. Thank you, Nancy Clark.
Excellent work!
We are all VERY grateful for your constant vigilance for the consumer
debtor.
Jim
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Heads on Beds in Chapter 13 Riverside
Posted: Wed Nov 03, 2010 5:39 pm
by Yahoo Bot
Kudos, Nancy. I think I like Judge Bauer's opinions.
The post was migrated from Yahoo.
Heads on Beds in Chapter 13 Riverside
Posted: Wed Nov 03, 2010 5:25 pm
by Yahoo Bot
So...just got the results from briefing and an evidenciary hearing on household size in Riverside. This is Judge Bauer's tentative:
Deny chapter 13 Trustee' objection to plan confirmation.
The court adopts the Census Bureau definition of household for purposes of Form B22C, as done in In re Epperson, In re Bostwich, In re Baker, In re Smith and In re Ellringer. Therefore, the debtors' adult son is a member of the debtors' household. The Court finds the plan is purposed in good faith. The Court if fully confident that the Chapter 13 Trustee will object to plans if it appears that debtors have "loaded up" on household members in anticipation of filing bankruptcy. However, it is the rare debtor who actively anticipates filing for bankruptcy, so the Court believes the Census Bureau definition is more logical.
Thank you,
Nancy B. Clark
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
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