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Social Security Payments
Dear Shannon, et al.,
I had a creditor file an objection to the exemption of social security in my clients sequestered account. I considered it frivolous, and Judge Zurzolo sided with me. The creditor appealed and the BAP affirmed. I have attached the BAP decision.
All the best,
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of Legal Specialization
Law Offices of Nicholas Gebelt
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Attached an interesting case re this subject
Marvin Mann
2706 Artesia Blvd A
Redondo Beach CA
On Tue, May 15, 2018 at 10:51 AM, ssoesq@aol.com [cdcbaa] wrote:
>
>
> If the account is SOLELY social security, I believe it is ALL exempt. If
> it is commingle with other deposits, then the minimum amount is exempted.
>
> Very truly yours,
> Shai Oved
> The Law Offices of Shai Oved
> 7445 Topanga Cyn. Blvd., Suite 220
>
> Canoga Park, California 91303
>
> Tel: (818) 992-6588
> Fax: (818) 992-6511
> Email: ssoesq@aol.com
> www.shaioved.com
> ________________
> The information contained in this email is intended only for the
> individual or entity named above and may contain attorney privileged and
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> distribution, or copy of this communication is strictly prohibited. If you
> received this communication in error, please immediately notify us by the
> telephone number above and return any hard copies to us via the postal
> service.. The Law Offices of Shai Oved is a debt relief agency which helps
> people file for bankruptcy under the Bankruptcy Code. Shai Oved is a
> Certified Bankruptcy Law Specialist by The State Bar of California Board of
> Legal Specialization.
>
>
> -----Original Message-----
> cdcbaa@yahoogroups.com>
> To: cdcbaa
> Sent: Tue, May 15, 2018 10:42 am
> Subject: [cdcbaa] Social Security Payments
>
>
>
> Non-filing spouse has saved $30k in social security payments. Debtor is
> in 704 exemptions due to equity in house. Pursuant to 704.080 (2)(c) the
> exemption is unlimited on a deposit account as long as payments are from
> social security. So the $30k should be exempt. But I am questioning it
> because 704.080(b)(1) (4) puts a limit on the exemption amount. Do you
> agree the $30k is exempt or am I missing something?
>
>
>
> [image: Description: Description: New Professional Pic2]
> Shannon A. Doyle
> *Attorney | Virtual Bankruptcy Assistant*
> *Direct Line: 855-378-4080*
> *Direct Fax: 562-249-8435*
> *Licensed in California*
>
>
>
>
Marvin Mann
2706 Artesia Blvd A
Redondo Beach, CA 90278
Attached an interesting case re this subjectMarvin Mann2706 Artesia Blvd ARedondo Beach CAOn Tue, May 15, 2018 at 10:51 AM, ssoesq@aol.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
If the account is SOLELY social security, I believe it is ALL exempt. If it is commingle with other deposits, then the minimum amount is exempted.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California
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First of all, if this is a bankruptcy matter, it is exempt under 42
USC 407.
The CCP sections you reference I believe are distinguishing between
procedures, not exemptions The dollar amount listed there is the
amount exempt without making a claim. But then subsection (c)
states that the amount in any such account which exceeds the dollar
amount exemption is exempt to the extent it is public benefits or
social security. I assume the latter is used in the event you
actually have to "make a claim". I believe that this is a state
court procedural thing, not applicable in bankruptcy.
The entire $30k is exempt.
-
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
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transaction or matter addressed in this communication.
On 5/15/2018 10:37 AM, Shannon Doyle
sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
>
> Non-filing spouse has saved $30k in social security payments.
> Debtor is in 704 exemptions due to equity in house. Pursuant to
> §704.080 (2)(c) the exemption is unlimited on a deposit account
> as long as payments are from social security. So the $30k should
> be exempt. But I am questioning it because 704.080(b)(1) – (4)
> puts a limit on the exemption amount. Do you agree the $30k is
> exempt or am I missing something?
>
> Description: Description: New Professional Pic2
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Direct Line: 855-378-4080*
>
> *Direct Fax: 562-249-8435*
>
> *Licensed in California*
>
>
>
>
-
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If the account is SOLELY social security, I believe it is ALL exempt. If it is commingle with other deposits, then the minimum amount is exempted.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
groups.com>
To: cdcbaa
Sent: Tue, May 15, 2018 10:42 am
Subject: [cdcbaa] Social Security Payments
Non-filing spouse has saved $30k in social security payments. Debtor is in 704 exemptions due to equity in house. Pursuant to 704.080 (2)(c) the exemption is unlimited on a deposit account as long as payments are from social security. So the $30k should be exempt. But I am questioning it because 704.080(b)(1) (4) puts a limit on the exemption amount. Do you agree the $30k is exempt or am I missing something?
Shannon A. Doyle
Attorney | Virtual Bankruptcy Assistant
Direct Line: 855-378-4080
Direct Fax: 562-249-8435
Licensed in California
If the account is SOLELY social security, I believe it is ALL exempt. If it is commingle with other deposits, then the minimum amount is exempted.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
-----Original Message-----
hoogroups.com>
To: cdcbaa <cdcbaa@yahoogroups.com>
Sent: Tue, May 15, 2018 10:42 am
Subject: [cdcbaa] Social Security Payments
Non-filing spouse has saved $30k in social security payments. Debtor is in 704 exemptions due to equity in house. Pursuant to 704.080 (2)(c) the exemption is unlimited on a deposit account as long as payments are from social security.
So the $30k should be exempt. But I am questioning it because 704.080(b)(1) (4) puts a limit on the exemption amount. Do you agree the $30k is exempt or am I missing something?
Shannon A. Doyle
Attorney | Virtual Bankruptcy Assistant
Direct Line: 855-378-4080
Direct Fax: 562-249-8435
Licensed in California
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