Legal Opinion

In Re Hanlin

United States Bankruptcy Court, W.D. New York

Decided August 7, 1997No. 2-19-20086PublishedCited by 10 opinions

1Opinion of the Court

MICHAEL J. KAPLAN, Chief Judge.

The question before the Court is whether an unemployed student whose only “income” is $650 per month in “assistance from friends and family members” (principally his parents) is an “individual with regular income” as defined at 11 U.S.C. § 101(30), and is therefore eligible to be a debtor under Chapter 13 pursuant to 11 U.S.C. § 109(e). 1 The Debtor proposes a Chapter 13 plan that will pay 30% to his unsecured creditors, plus a present value factor, over the course of five years. His unsecured claims total approximately $15,000. A 30% (or $4,500) payout is…

2Cases cited4 opinions

  1. In Re CampbellUnited States Bankruptcy Court, E.D. New York · 1984
  2. In Re FischelUnited States Bankruptcy Court, N.D. New York · 1989
  3. In Re RisticUnited States Bankruptcy Court, E.D. Wisconsin · 1992
  4. In Re McGowanUnited States Bankruptcy Court, N.D. Ohio · 1982

3Cited by10 opinions

  1. In Re BottelbergheUnited States Bankruptcy Court, D. Minnesota · 2000
  2. In Re BairdUnited States Bankruptcy Court, M.D. Florida · 1999
  3. In Re MurphyUnited States Bankruptcy Court, M.D. Tennessee · 1998
  4. In Re BassettUnited States Bankruptcy Court, D. Montana · 2009
  5. In Re DanielUnited States Bankruptcy Court, E.D. Virginia · 2001

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