Creative Qualify for Chapter 13?

[Middleteach]

Does anyone know if a judge may let someone qualify for Chapter 13 if another family member offers to help with increasing the moneys available for a monthly bk payment? I probably will not qualify on my own because almost all of my income is going toward my mortgage and basic living expences. However, my parents believe they could help with a few hundred dollars each month for the life of the bankrupcy. If that was my regular income I believe I would qualify for a 13. Does anyone know of a situation where this has been approved or the liklihood of an approval

[StartingOver08]

I don't think I understand the question....are you saying that you do not make enough money to file for CH 13?

If that is the case, why don't you file for CH 7?

Why are you looking to file a CH 13 rather than a 7?

If you like, can you post your debt and your income so we can help you figure out your options?

[catleg]

I am guessing the scenario here is (a) owns a house free and clear or with substantial equity thus (b) cannot file a 7 and (c) must create a 13 plan that pays out as much to creditors as would a liquidation (7). But income is too low to support such a plan. If not for the house you'd file a 7.

Choices here include (a) hardballing it with creditors and settling accounts for lower amounts later or (b) convert non exempt assets to exempt assets to file a 7 later. For example, open a HELOC, contribute as much salary as possible to a 401k or other retirement plan while living off the HELOC money, then eventually file chapter 7. To pull this off you'd probably need to tap the loan on the house up-front and put the money somewhere safe from creditors, but you can't just hide it, you have to spend it somehow, and the only reasonable thing is to use it to replace income and shield that income in a retirement plan.

[MJJ3767]

However, my parents believe they could help with a few hundred dollars each month for the life of the bankrupcy. If that was my regular income I believe I would qualify for a 13. Does anyone know of a situation where this has been approved or the liklihood of an approval

Are you basically saying you can't prove any disposable income to file Chapter 13? I was in the same situation. My attorney used the very least possible for living expenses. Also, my ex husband gives me $800 a month for child expenses. This is not considered child support because it's no longer court ordered, the kids are over 18 yet they still live at home. I was able to use that $800 as my income to help me qualify for Chapter 13. BUT.....I had proof he had been giving me this for at least a year and a half. If I was to be questioned, I could show on my bank statements where this was deposited like clock work each month. That is where you might have a problem - being able to prove this is money you have been recieving. At the 341 meeting the trustee did question this because he was confused as to the way my attorney wrote it.

[catleg]

I believe the 22A (ch7) and 22C (Ch13) forms have a specific line item for money provided by others for household expenditures and treat that as income.
So if you include that in your 6 months means test it should work. It might help to discuss further in case there are any better alternatives.