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,…

Is a State Court Judgment entitled to issue-preclusive effect as to the debtor’s fraud?

In a recent 9th Cir. B.A.P decision, the court held that a California state court judgment was not entitled to issue-preclusive effect as to the debtor’s fraud under California law. The state court made numerous findings of fraudulent conduct by the debtor. Nonetheless, in a nondischargeability proceeding under Code § 523(a)(2)(A), the court denied to…

Does a Student Loan Creditor’s application of trustee’s payments to prepetition and postpetition interest instead of paying down the principal amounts violate the terms of a Chapter 13 plan?

In a recent Montana bankruptcy court ruling, does not prohibit creditors from applying Chapter 13 plan payments to outstanding postpetition interest prior to paying down the principal balance. Accordingly, where the debtors’ confirmed Chapter 13 plan did not modify the contractual rights of the debtors’ student loan creditor, the creditor did not violate the plan…

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