Legal Question in Bankruptcy in California

Can someone else pay your CH 13 repayment plan payments?

My brother filed for bankruptcy recently, CH 7, mainly to take advantage of the Three Year Rule, he tells me, and remove some taxes. The bankruptcy went through but it didn't work, the taxes weren't removed. His attorney admits she screwed up. She's asked him to file for Ch 13 protection and she'll make the payments to resolve the matter. Is that a proper solution? Can it be put to paper so I have a guarantee the payments will be made?


Asked on 3/01/04, 8:42 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Can someone else pay your CH 13 repayment plan payments?

Technically, and legally, I see no reason why another person would be prevented from making chapter 13 payments. Of course, the agreement would have to be disclosed in the bankruptcy papers, but so long as everything is disclosed, I see no legal problem. The court should approve the plan, so long as everything else is in order. I get the feeling that a home is at stake and that there may have been a tax sale pending and that the tax lien could not be removed in the chapter 7. I am wondering why an attorney would agree to pay plan payments when she could just give the client his money back instead. But, I guess this is her business. And, yes, of course you would definitely need the agreement in writing and would need another attorney to review it.

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Answered on 3/01/04, 10:36 pm


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