What do you do when clients not eligible for Chapter

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I recall someone else suggesting that at one time. But how can
sec. 109 NOT be jurisdictional? "Who may be a debtor"? If you
don't meet the 109 criteria, then one cannot be a debtor under that
chapter. I don't see how that requires an objection to be enforced.
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On 7/15/2010 6:31 PM, David A. Tilem wrote:
>
>
> Judge Tighe recently suggested to me that those just over the
> limit should still file a C13 to see if anyone objects. She said
> the debt limits are NOT jurisdictional. I found her comments VERY
> surprising.
> *David A. Tilem*
> Certified Bankruptcy Specialist**^*+ **
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> Specialization.
> + Business bankruptcy specialist cert. by Amer. Bd. of Certification
> -----Original Message-----
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On
> Behalf Of *Amy Clark
> *Sent:* Thursday, July 15, 2010 2:05 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] What do you do when clients not eligible for
> Chapter 13...
>
> and you did not know this when you signed them up?
>
> It's the unsecured debt limit that is pushing these clients over
> (student loans and a huge debt to one of their parents) and due to
> turning in their leased car and getting a (permanent) loan
> modification, they are no longer eligible for a 7.
>
> Would you refund the "non-refundable" retainer? I am certainly not
> going to file an 11, don't even think it is a good vehicle for them as
> they are only $15,000 over unsecured debt limit.
>
> -- Amy Clark Kleinpeter
>
> 1489 E. Colorado Blvd. #207
> Pasadena, CA 91106
> (626) 507-8090
>
> "Bankruptcy, Michael, is nature's do-over. It's a fresh start, a
> clean slate."
>
> "Like the witness protection program!"
>
> "Exactly."
>
>
>
>

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