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Archives for March 2019

What is the Automatic Stay?

The filing of a bankruptcy petition “operates as a stay, applicable to all entities, of the commencement or continuation . . . of a judicial, administrative, or other action or proceeding against the debtor . . . to recover a claim against the debtor that arose before the commencementof the case under this title ….

Do Contributions from Debtor’s Mother Constitute Regular Income to Allow for Chapter 13 Eligibility?

Yes, according to a Wisconsin bankruptcy court. The court held that the Chapter 13 debtor’s income, which consisted solely of contributions from her mother, was consistent and stable enough to qualify the debtor as an “individual with regular income” under Code § 109(e). The court held that where the mother, who lived with the debtor,…