Urgent: Homestead Exemption Based on Disability

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*In re Neff* does not discuss ccp 704.730.
On Tue, Jul 15, 2014 at 11:38 AM, Larry Simons larry@lsimonslaw.com
[cdcbaa] wrote:
>
>
> *Neff v. Denoce (In re Neff*, 2014 Bankr. LEXIS 471, *25 (9th Cir. BAP
> 2014).
>
>
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Tuesday, July 15, 2014 11:35 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Urgent: Homestead Exemption Based on Disability
>
>
>
>
>
> I have been searching for exactly that issue and cannot find that
> requirement.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Tuesday, July 15, 2014 10:45 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Urgent: Homestead Exemption Based on Disability
>
>
>
>
>
> Under CCP 704.730, you can claim the higher $175,000 exemption if a debtor
> is disabled as of the date of the petition. In Re Rolland, 317 B.R. 402
> (C.D. Cal. 2004). Is anybody aware of an interpretation of that statute
> requiring that the disability be "permanent"?
>
>
>
> --
>
> Giovanni Orantes, Esq.*
>
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> *Board Certified - Business Bankruptcy Law - American Board of
> Certification
>
> *Board Certified - Consumer Bankruptcy Law - American Board of
> Certification
>
> Commercial Litigation
>
> Estate Planning
>
> Outside General Counsel
>
>
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
> Note: The information contained in this e-mail message is confidential
> information intended only for the use of the individual or entity named. If
> the reader of this message is not the intended recipient or an agent
> responsible for delivering it to the intended recipient, you are hereby
> notified that any dissemination, distribution or copy of this communication
> is strictly prohibited. If you have received this communication in error,
> please immediately notify us by telephone or e-mail and delete the original
> e-mail at (213) 389-4362 or (888) 619-8222.
>
> IRS Circular 230 Disclosure: In order to comply with requirements imposed
> by the Internal Revenue Service, we inform you that any U.S. tax advice
> contained in this communication (including any attachments) is not intended
> to be used, and cannot be used, for the purpose of (i) avoiding penalties
> under the Internal Revenue Code or (ii) promoting, marketing, or
> recommending to another party any transaction or matter addressed herein.
>
>
>
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed
by the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing, or
recommending to another party any transaction or matter addressed herein.
In re Neff does not discuss ccp 704.730.On Tue, Jul 15, 2014 at 11:38 AM, Larry Simons larry@lsimonslaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Neff v. Denoce (In re Neff, 2014 Bankr. LEXIS 471, *25 (9th Cir. BAP 2014).
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Tuesday, July 15, 2014 11:35 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Urgent: Homestead Exemption Based on Disability
I have been searching for exactly that issue and cannot find that requirement.
From:
cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Tuesday, July 15, 2014 10:45 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Urgent: Homestead Exemption Based on Disability
Under CCP 704.730, you can claim the higher $175,000 exemption if a debtor is disabled as of the date of the petition. In Re Rolland, 317 B.R. 402 (C.D. Cal. 2004). Is anybody
aware of an interpretation of that statute requiring that the disability be "permanent"?
--
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended
recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail
at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362
Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of CertificationCommercial LitigationEstate PlanningOutside General CounselWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

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I have a question that is in the realm of the Homestead exemption that is not the same as this one but hope that someone could answer. I have a client that is married and retired that will claim the Homestead Exemption but is filing alone. Both the client and the spouse are retired. There is about $120,000.00 of equity in the home. Would the debtor be able to claim the $175,000.00 Homestead Exemption for a community property even if he is filing alone?
Regards,
Tuan Le
Tuan Le, Esq.
Law Offices of Steve Lopez
8562 Florence Avenue, Suite A
Downey, California 90240
Main: (562)904-1193
Fax: (562)262-2846
DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.

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Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Under CCP 704.730, you can claim the higher $175,000 exemption if a debtor
is disabled as of the date of the petition. In Re Rolland, 317 B.R. 402
(C.D. Cal. 2004). Is anybody aware of an interpretation of that statute
requiring that the disability be "permanent"?
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed
by the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing, or
recommending to another party any transaction or matter addressed herein.
Under CCP 704.730, you can claim the higher $175,000 exemption if a debtor is disabled as of the date of the petition. In Re Rolland, 317 B.R. 402 (C.D. Cal. 2004). Is anybody aware of an interpretation of that statute requiring that the disability be "permanent"?
-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail:
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