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Reply-To: Heather Canning
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I did find In re Gebhart eventually, thanks. It says that it's the UST's
job to decide if the Ch. 7 trustee is holding open a case too long. Now
I'm looking for any evidence that the US Trustee has ever "disciplined" a
Chapter 7 trustee for failing to comply with 704(a)(1) - failing to act
"expeditiously." I suspect I will not find any evidence of that kind but
worth a shot. Anyone?
I did findIn r
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Question regarding Prenuptial Agreements and Chapter 7
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Dennis:
It depends on the prenup. They can be written so that there will never be any community property.
Sometimes with second marriages for parties with significant assets and children from their previous marriages, the pre nup is a hybrid with pre-existing assets remaining as separate property and going forward, wages and some acquisitions are community property. In those cases, the first step is the title of the property, whether it be RP or PP. Then tracing acquisition funds.
Also, as we know from experience, clients can manage to screw up anything if given the opportunity, so even couples with a no community property prenup, might take property as community property or otherwise do something that conflicts with the prenup.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
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Possibly, but without reading the prenup, I would not opine.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
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Reply-To: Michael Manning
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Hello everyone,
I have a potential debtor who's non-filing spouse has purchased items using her own income. They have a prenuptial agreement that states that her income is her separate property.
Are the assets of the non-filing spouse exposed?
Thanks
Mike
*Please note our new office address of 4667 MacArthur Blvd., Suite 150, Newport Beach, CA 92260
[Description: cid:image001.jpg@01CCDB6A.F1D0A1A0]
Mike Manning
4667 MacArthur Blvd., Suite 150 | Newport Beach, California 92660
o 949.200-8757 ext 1009 | f 866.843.8308
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X-Original-Return-Path: Michael Manning
To: cdcbaa@yahoogroups.com
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Hello everyone,
I have a potential debtor who's non-filing spouse has purchased items using her own income. They have a prenuptial agreement that states that her income is her separate property.
Are the assets of the non-filing spouse exposed?
Thanks
Mike
*Please note our new office address of 4667 MacArthur Blvd., Suite 150, Newport Beach, CA 92260
[Description: cid:image001.jpg@01CCDB6A.F1D0A1A0]
Mike Manning
4667 MacArthur Blvd., Suite 150 | Newport Beach, California 92660
o 949.200-8757 ext 1009 | f 866.843.8308
The post was migrated from Yahoo.