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17.4
- §109(e) the dollar ceiling of Ch 13.
- §1325(a)(3) good faith and (b) disposable income test.
- §1328(a): Not dischargeable for personal injury.
- Whether the dividends of $275K from a spendthrift trust are the property of the estate.
- No matter whether the dividends are property of the estate or not, he has a very high income, so if he files for bankruptcy in Ch. 7 or 13, the court may question whether he is in good faith.
- Even if he can file such a plan, the dividends are the disposable income, right? So he should commit the disposable income to the creditors.
- Notably, the debt for the personal injury is not dischargeable, so Frank cannot escape the liability.
- My advice is to file a petition as negotiation leverage and comprise with the creditors.
17.6
- Loose the limitation on the access to the Ch. 13?
- How about the disposal income?
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