.jpg)
Can debtor offset priority 507(a)(1)(A) debt owed to ex-wife with unsecured medical debt reimbursement she owes him?
Is there a right to set off these types of debts in the California Family Code? If so, an offset should be fine in bk case.
Ty Takeuchi
>
> Section 553 says (basically) the right to setoff don't go away in bk. If it could be setoff in state court it can be set off in bk. So PL is right again.
>
> --- In cdcbaa@yahoogroups.com, Yahoo wrote:
> >
> > Schedule as $0, but describe the offset. If claim filed for back alimony, file motion to disallow. Judge can presumably enter a final order since core matter and necessary to resolve allowance of claim.
> >
> > Sent from my iPhone
> >
> > On Jan 23, 2012, at 2:21 PM, Holly Roark wrote:
> >
> > > I am trying to figure out how to present this in Debtor's chapter 13. He owes back alimony of $20K. She owes him $20K reimbursment on medical debt. Can these debts be offset? How would you present this in a Chapter 13 Plan?
> > >
> > > --
> > >
> > > Holly Roark
> > > holly@
> > > www.roarklawoffices.com
> > > Central District of California
> > > Consumer Bankruptcy Attorney
> > > 1875 Century Park East, Suite 600
> > > Los Angeles, CA 90067
> > > T (310) 553-2600
> > > F (310) 553-2601
> > >
> > >
> > >
> >
>
The post was migrated from Yahoo.
Section 553 says (basically) the right to setoff don't go away in bk. If it could be setoff in state court it can be set off in bk. So PL is right again.
>
> Schedule as $0, but describe the offset. If claim filed for back alimony, file motion to disallow. Judge can presumably enter a final order since core matter and necessary to resolve allowance of claim.
>
> Sent from my iPhone
>
> On Jan 23, 2012, at 2:21 PM, Holly Roark wrote:
>
> > I am trying to figure out how to present this in Debtor's chapter 13. He owes back alimony of $20K. She owes him $20K reimbursment on medical debt. Can these debts be offset? How would you present this in a Chapter 13 Plan?
> >
> > --
> >
> > Holly Roark
> > holly@...
> > www.roarklawoffices.com
> > Central District of California
> > Consumer Bankruptcy Attorney
> > 1875 Century Park East, Suite 600
> > Los Angeles, CA 90067
> > T (310) 553-2600
> > F (310) 553-2601
> >
> >
> >
>
The post was migrated from Yahoo.
Schedule as $0, but describe the offset. If claim filed for back alimony, file motion to disallow. Judge can presumably enter a final order since core matter and necessary to resolve allowance of claim.
Sent from my iPhone
On Jan 23, 2012, at 2:21 PM, Holly Roark wrote:
> I am trying to figure out how to present this in Debtor's chapter 13. He owes back alimony of $20K. She owes him $20K reimbursment on medical debt. Can these debts be offset? How would you present this in a Chapter 13 Plan?
>
> --
>
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
>
Schedule as $0, but describe the offset. If claim filed for back alimony, file motion to disallow. Judge can presumably enter a final order since core matter and necessary to resolve allowance of claim.Sent from my iPhoneOn Jan 23, 2012, at 2:21 PM, Holly Roark <hollyroark22@gmail.com> wrote:
I am trying to figure out how to present this in Debtor's chapter 13. He owes back alimony of $20K. She owes him $20K reimbursment on medical debt. Can these debts be offset? How would you present this in a Chapter 13 Plan?
-- Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
The post was migrated from Yahoo.