Trustee Blog

Judge Yun and Contribution declarations cont.

Posted by:

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 Debtor. Mother Decl. ¶¶ 1–2. However, the Debtor is an adult who has been employed with the same employer for eight years and there is no evident legal or moral obligation for Mother to support her adult daughter. Sch. I: Your Income.

There is also no evidence to support the second factor, and this weighs against a finding of feasibility. There is no indication that Mother has a history of contributing money to the Debtor or supporting her in any manner as an adult.

The third factor is satisfied because Mother testifies that she will pay any portion of the $700.00 monthly contribution not paid by Boyfriend for the duration of the Plan. Id. at ¶¶ 3, 5. This is the only factor that weighs in favor of a finding of feasibility.

Finally, the Debtor has failed to provide sufficient evidence to support the fourth factor, which requires that Mother be financially able to make the contribution payments she promises. The sparse evidence supplied to support Mother’s ability to make the contributions, in fact, indicates that she cannot afford to do so. Her own bank printout reflects that the account balance drops below or well below $700.00 prior to each income deposit. Mother Decl. Ex. A. It may be that Mother has sufficient savings or funds elsewhere to make the contributions, but the only evidence provided with her declaration indicates that she is living paycheck to paycheck and cannot afford to do so.

On balance, the relevant factors indicate that Mother’s proposed contributions are not sufficiently stable and regular and the Debtor will not be able to make the payments required under her Plan. Even if Mother is committed to supporting the

Debtor, she has no demonstrated history or obligation to do so, and has not provided sufficient evidence to indicate her ability to make the proposed contributions.

Tune in next time to find out what the Judge Concluded.

0


About the Author: