Archive for 'Rod Danielson'

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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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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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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Judge Yun and Contributions Part 3

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As we continue Judge Yun’s Discussion of Contributions in chapter 13:

III. DISCUSSION A. Feasibility

The Debtor’s Plan is only feasible if her income includes the $700.00 monthly contribution from Boyfriend or Mother because the Debtor’s own take-home income of $4,300.00 is insufficient to meet even her regular monthly expenses of $4,510.00. In order for a chapter 13 plan to be confirmed, a debtor must demonstrate that she “will be able to make all payments under the plan and to comply with ...

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Judge Yun and Contribution Declarations: Part two

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This is Judge Yun discussion on why he does not accept contribution declarations:

I. PROCEDURAL BACKGROUND

The Debtor originally filed her bankruptcy case under chapter 7, and the chapter 7 trustee’s Report of No Distribution was entered on October 9, 2014. Rather than obtaining a discharge under chapter 7, the Debtor subsequently filed a motion seeking conversion of her case to chapter 13, which the court granted. Debtor’s Mot. to Convert Case, ECF No. 14; Order on Debtor’s Mot. to Convert Case, ...

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Judge Yun and Contribution Declaration

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Recently Riverside Bankruptcy Judge Yun had a chapter 13 case in which the Debtor could not make all the plan payment by herself. She had to have contribution from family or friend in order to come up with the monthly plan payment. This is a normal occurrence in the Central District of California.

Judge Yun though, issued an opinion in which he held that the debtor was not entailed to file a  chapter 13 plan since she did not have enough ...

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Chapter 13 Claims Objection and Stripped Lien

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Recently Judge Houle ruled on a claims objection in Chapter 13. I relay his comments from his tentative. The issue revolved around whether a second mortgage that had not been paid on for over four years, may also be disallowed for violating the California Statute of limitations.

Debtor stripped the second and the second mortgage filed an unsecured claim, but in the claim it said that debtors had not made a payment in over four years before the filing of the ...

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