Undisclosed Workers' Comp claim in confirmed 13

Yahoo Bot · Fri Apr 25, 2014 11:06 am

I'm with Mark on this one.

The post was migrated from Yahoo.

Yahoo Bot · Wed Apr 23, 2014 2:43 pm

I agree. 703(b)(10) does not mention workers' compensation benefits at all.
M. Erik Clark
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West Covina, CA 91791
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Fax: (626) 332-8644
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*From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
Of *Mark J. Markus
*Sent:* Wednesday, April 23, 2014 11:58 AM
*To:* cdcbaa@yahoogroups.com
*Subject:* Re: [cdcbaa] Undisclosed Workers' Comp claim in confirmed 13
I haven't researched this in a while, but which subsection of (b)(10)
applies to workers' compensation benefits? I thought one had to use
704.160 to exempt workers comp. benefits.
*************************
Mark J. Markus
Law Office of Mark J. Markus
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On 4/23/2014 11:10 AM, Peter M. Lively wrote:
Yes
No
No
No
Peter M. Lively, J.D., M.B.A.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Tuesday, April 22, 2014 5:59 PM, Jay Fleischman
wrote:
I've got a client in a confirmed Chapter 13 case (703 exemptions); she
disclosed to me just a few days ago that she's got a workers'
compensation claim that recently settled.
A few questions:
1. Am I correct that 703.140(b)(10) will serve to exempt the workers'
compensation award in full?
2. Do I need to move for employment of workers' compensation counsel?
3. Do I need to move for approval of the workers' compensation award?
4. Presuming that (1) is correct, is there any reason for me to amend
the Chapter 13 Plan?
This may all be elementary, but in my former life the answers to (2)
and (3) would be a resounding, "yes." That said, counterparts in NDCA
tell me that the answers are not the same there. A review of the local
rules and forms does not point to an answer.
Thanks for all input.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people get smart solutions to their bill problems.
http://www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
T: 626-808-4343 x704
E: jay@sflawca.com
Email isn't secure, so it's not confidential. By communicating with
me by email, you understand that it's not confidential.

The post was migrated from Yahoo.

Yahoo Bot · Wed Apr 23, 2014 11:10 am

Yes
No
No
No
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Tuesday, April 22, 2014 5:59 PM, Jay Fleischman wrote:
I've got a client in a confirmed Chapter 13 case (703 exemptions); she
disclosed to me just a few days ago that she's got a workers'
compensation claim that recently settled.
A few questions:
1. Am I correct that 703.140(b)(10) will serve to exempt the workers'
compensation award in full?
2. Do I need to move for employment of workers' compensation counsel?
3. Do I need to move for approval of the workers' compensation award?
4. Presuming that (1) is correct, is there any reason for me to amend
the Chapter 13 Plan?
This may all be elementary, but in my former life the answers to (2)
and (3) would be a resounding, "yes." That said, counterparts in NDCA
tell me that the answers are not the same there. A review of the local
rules and forms does not point to an answer.
Thanks for all input.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people get smart solutions to their bill problems.
http://www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
T: 626-808-4343 x704
E: jay@sflawca.com
Email isn't secure, so it's not confidential. By communicating with
me by email, you understand that it's not confidential.

The post was migrated from Yahoo.

Yahoo Bot · Tue Apr 22, 2014 10:15 pm

Debtor must be in 704 to exempt the workers' comp unless you can cover it
under the wildcard. There was a California case that I can't put my fingers
on but it said workers' comp is not considered disability. It is
considered past and/or future wages and future medical and is not covered
under 703.140(b)(10)(c).
Shannon A. Doyle
Attorney at Law
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100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.borowitzclark.com
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*From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
Of *Jay Fleischman
*Sent:* Tuesday, April 22, 2014 5:59 PM
*To:* cdcbaa@yahoogroups.com
*Subject:* [cdcbaa] Undisclosed Workers' Comp claim in confirmed 13
I've got a client in a confirmed Chapter 13 case (703 exemptions); she
disclosed to me just a few days ago that she's got a workers'
compensation claim that recently settled.
A few questions:
1. Am I correct that 703.140(b)(10) will serve to exempt the workers'
compensation award in full?
2. Do I need to move for employment of workers' compensation counsel?
3. Do I need to move for approval of the workers' compensation award?
4. Presuming that (1) is correct, is there any reason for me to amend
the Chapter 13 Plan?
This may all be elementary, but in my former life the answers to (2)
and (3) would be a resounding, "yes." That said, counterparts in NDCA
tell me that the answers are not the same there. A review of the local
rules and forms does not point to an answer.
Thanks for all input.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people get smart solutions to their bill problems.
http://www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
T: 626-808-4343 x704
E: jay@sflawca.com
Email isn't secure, so it's not confidential. By communicating with
me by email, you understand that it's not confidential.

The post was migrated from Yahoo.

Yahoo Bot · Tue Apr 22, 2014 5:59 pm

I've got a client in a confirmed Chapter 13 case (703 exemptions); she
disclosed to me just a few days ago that she's got a workers'
compensation claim that recently settled.
A few questions:
1. Am I correct that 703.140(b)(10) will serve to exempt the workers'
compensation award in full?
2. Do I need to move for employment of workers' compensation counsel?
3. Do I need to move for approval of the workers' compensation award?
4. Presuming that (1) is correct, is there any reason for me to amend
the Chapter 13 Plan?
This may all be elementary, but in my former life the answers to (2)
and (3) would be a resounding, "yes." That said, counterparts in NDCA
tell me that the answers are not the same there. A review of the local
rules and forms does not point to an answer.
Thanks for all input.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people get smart solutions to their bill problems.
http://www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
T: 626-808-4343 x704
E: jay@sflawca.com
Email isn't secure, so it's not confidential. By communicating with
me by email, you understand that it's not confidential.

The post was migrated from Yahoo.