Archive for 'Riverside Trustees'

Furniture In Bankruptcy

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Last week on Mr. Whitmore’s calendar a creditor appeared to ask a debtor questions. Mr. Whitmore conducted the hearing and asked the basic questions at the meeting of creditors. The debtor answered the questioned satisfactorily, then Trustee Whitmore asked if there were any creditors.

The creditor’s representative appeared and stated he was from a furniture company. He asked if the debtor had purchased certain items in 2014? The debtor said “yes”. The creditor then asked if he still had those items. ...

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Judge Yun’s July 28, 2015 Chapter 13 Calendar

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Judge Yun’s July 28  chapter 13 calendar

The other day I was in Judge Yun’s courtroom and he said that his July 28, 2015 chapter 13 calendar was going to be huge. Each year the Riverside chapter 13 trustee spends a day in front of the chapter 13 judges with motions to dismiss for tax case returns not being sent to the trustee. As a condition for confirmation in a less than 100% case, the debtor must send his or her ...

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Mr. Grobstein’s Yellow Laminated Spanish Instructions

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The other day on Mr. Grobstein’s calendar he had  case in which the debtors had to have a spanish translator. As we have mentioned in this blog before, the translator is provided free of charge by the United States Trustee. If you client needs a translator, just ask the trustee before your client’s hearing starts and he or she will call a translator for the your client. This service is provided by all the bankruptcy trustees in our Division.

What is ...

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Converting from Chapter 13 to Chapter 7

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Riverside Bankruptcy Trustee Steven Speier had a case the other day that was converted from chapter 13. In the chapter 13 the debtors had automobiles that had debt against them. As the chapter 13 case paid off, the autos paid off. When the case was converted the autos were fully paid off. So when the chapter 7 trustee got the case the vehicles had equity.
The attorney handling the case saw this and did an amendment to protect what he ...

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Judge Yun’s Contribution Conclusion

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IV. CONCLUSION

Confirmation of the Debtor’s Chapter 13 Plan is denied under 11 U.S.C.
§§ 109(e) and 1325(a)(6). Due to the inability to confirm a plan, the Debtor’s bankruptcy case shall be converted back to chapter 7 to allow her to obtain a discharge and her fresh start under the Bankruptcy Code. The court shall enter an order converting the case in accordance with this memorandum decision.

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Bankruptcy Judge Scott Yun and Contributions

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The Judge went on to say…

More specifically, the contribution from Boyfriend does not constitute stable and regular income due to the nature of his relationship with the Debtor. Courts generally reject contributions made by a live-in boyfriend or girlfriend. Jordan, 226 B.R. at 119–20; In re Heck, 355 B.R. 813, 824–25 (Bankr. D. Kan. 2006); In re Fischel, 103 B.R. 44, 49 (Bankr. N.D.N.Y. 1989). This is not to say that contributions from a live-in boyfriend or girlfriend can never ...

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Judge Yun and Chapter 13 Contributions

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The Judge further explained:

3. Conclusionon Feasibility

The contributions from Boyfriend or, alternatively, Mother are not supported by sufficient admissible evidence to prove that the contributions are reliable and likely to continue for the duration of the Plan. Without the contribution income, the Debtor’s net monthly income drops to ($210.00) and she is unable to meet her own expenses, much less make the proposed plan payments of $490.00. Therefore, the court finds that the Debtor has failed to provide sufficient evidence to ...

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Chapter 7 Trustee Todd Frealy’s Contact Info

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Hello Friends,

Here is Chapter 7 Trustee Todd Frealy’s contact information:

Todd A. Frealy 
3403 Tenth Street
Suite 709
Riverside, CA 92501
Phone: (951) 784-4122
Fax: (951) 784-7143

From time to time, people call me asking for Mr. Frealy’s information.

Above is his information.

mg

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Judge Yun and Contribution declarations cont.

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The Judge then talked about how the Mother’s contribution in the chapter 13 was not stable and therefore could not be used…

2. Contributions by Mother

The evidence is also insufficient for the court to determine that the proposed “back-up” contributions from the Debtor’s mother are sufficiently reliable to render the Debtor’s Plan feasible.

The showing under the first factor is stronger because Mother is the Debtor’s mother and it could be inferred that the familial connection provides her motivation for supporting the ...

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Judge Yun and Contributions Part 4

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Judge Yun continued his analysis in his chapter 13 case discussing contribution declarations:

1. Contributions by Boyfriend

In the present case, the Debtor has failed to provide sufficient evidence to persuade the court that the contributions from Boyfriend meet the requirements to establish feasibility. First, the only evidence submitted regarding Boyfriend’s relationship to the Debtor and his motivation to make the contributions merely indicates that he lives with the Debtor. Boyfriend Decl. ¶ 1. Counsel’s representations at the confirmation hearing that Boyfriend ...

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