You are here

Singer Asset Fin., Co. v. Mullins (In re Mullins) (Case No. 05-73530; A.P. No. 05-07383) 2/12/2007

The issue before the Court is whether the debtor is eligible for relief under Chapter 13 of the Bankruptcy Code pursuant to 11 U.S.C. § 109(e).  Section 109(e) requires that an individual have regular income and owe noncontingent, liquidated debt of less than $307,675 in order to qualify as a Chapter 13 debtor.  The Court analyzed whether the debtor qualified as an "individual with regular income," where she is unemployed but her non-debtor husband will make her plan payments, and held that she does.  Further the Court analyzed whether the debtor's noncontingent, liquidated debt is less than the debt limit imposed by Section 109(e), and held that it is.  Accordingly, the Court found that the debtor meets the eligibility requirements of Section 109(e) to be a debtor under Chapter 13.

Date: 
Monday, February 12, 2007
Category: 
Chapter 13 Issues
Eligibility
Chapter: 
13