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Divorce and Bankruptcy
There r two controlling cases, In re Beverly and Mejia vs Reed from the CA Supremes. One found a division of CP where the debtor spouse got the exempt pension and the non debtor got the non exempt house to be fraudulent transfer. The other, the debtor got the worthless biz that was overvalued in the division to be a fraudulent transfer. Both were settled cases.
In Desiree's case, with one side screaming bloody murder that the judge was unfair, it sounds like it was litigated, with a judge's decision. This cannot be a fraudulent transfer per Mark's analysis.
The only out might be that if the decision was not procedurally final, then maybe the property is still CP. Maybe some trustee would want to joust with that windmill, but I wouldn't.
PG
Sent from my Verizon Wireless 4G LTE smartphone
Date: 06/04/2016 3:25 PM (GMT-08:00)
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Divorce and Bankruptcy
In in re Beverly, the state court specifically found the division of property to be fair. It was a settlement the parties worked out at a mediation. And the parties, as I understand it, hated each other by then.
The transfer was later avoided in bankruptcy court and the debtor's discharge was denied for making the transfer in contemplation of bankruptcy.
The BAP or 9th circuit said something like, "You don't get one free fraudulent conveyance just because you are in divorce court."
There r two controlling cases, In re Beverly and Mejia vs Reed from the CA Supremes. One found a division of CP where the debtor spouse got the exempt pension and the non debtor got the non exempt house to be fraudulent transfer. The other, the debtor
got the worthless biz that was overvalued in the division to be a fraudulent transfer. Both were settled cases.
In Desiree's case, with one side screaming bloody murder that the judge was unfair, it sounds like it was litigated, with a judge's decision. This cannot be a fraudulent transfer per Mark's analysis.
The only out might be that if the decision was not procedurally final, then maybe the property is still CP. Maybe some trustee would want to joust with that windmill, but I wouldn't.
PG
Sent from my Verizon Wireless 4G LTE smartphone
>
Date: 06/04/2016 3:25 PM (GMT-08:00)
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Divorce and Bankruptcy
In in re Beverly, the state court specifically found the division of property to be fair. It was a settlement the parties worked out at a mediation. And the parties, as I understand it, hated each other by then.
The transfer was later avoided in bankruptcy court and the debtor's discharge was denied for making the transfer in contemplation of bankruptcy.
The BAP or 9th circuit said something like, "You don't get one free fraudulent conveyance just because you are in divorce court."
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I do believe that would fall under the category of the Rooker-Feldman doctrine. If this matter was litigated in front of the state court, federal court can't sit in review of the state court decision unless specifically authorized by Congress to do so.
Mark Jessee
Sent from my iPhone
> On Jun 3, 2016, at 8:15 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>
> The family court's determination, if already made, may preclude the bk judge from saying this division is not fair.
>
>
> Sincerely,
>
> Michael Avanesian, Esq.
> Avanesian Law Firm
> 801 N. Brand Blvd., Suite #1130
> Glendale, CA 91203
> Tel: 818.276.2477 | Fax: 818.208.4550
>
> Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
> IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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.
>
>
>> On Fri, Jun 3, 2016 at 7:09 PM, Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>>
>> I think the chapter 7 trustee would be very interested in why PC didn wife received an unfair windfall.
>>
>>
>>
>>
>>
>>
>>
>> Shannon A. Doyle
>>
>> Attorney | Virtual Bankruptcy Assistant
>>
>> Phone: 855-378-4080
>>
>> Fax: 562-249-8435
>>
>> Licensed in California
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> Sent: Friday, June 03, 2016 2:41 PM
>> To: cdcbaa@yahoogroups.com
>> Cc: 'Desiree Causey 714-372-2225'
>> Subject: [cdcbaa] Divorce and Bankruptcy
>>
>>
>>
>>
>>
>> PNC called and got a horrible decision from the family court and house that he estimates to be worth $1.5million (mortgage of $800,000) was awarded to wife for $1.1million. He get awarded worthless company with a value well over its worthless value. If he files for Chapter 7, given that the family court has made this bad decision, will the bankruptcy court now sell the house ?
>>
>>
>>
>>
>>
>> Desiree Causey, Esq.
>>
>> Law Office of Desiree Causey
>>
>> 7755 Center Avenue, Suite 1100
>>
>> Huntington Beach, CA 92647
>>
>>
>>
>> 714-372-2225 (phone)
>>
>> 714-908-7646 (same fax number)
>>
>>
>>
>> Privileged And Confidential Communication.
>> This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC rmation, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
>>
>> Please consider the environment before printing this e-mail.
>>
>>
>>
>>
>
>
The post was migrated from Yahoo.
The family court's determination, if already made, may preclude the bk
judge from saying this division is not fair.
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law Firm
801 N. Brand Blvd., Suite #1130
Glendale, CA 91203
Tel: 818.276.2477 | Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
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.
On Fri, Jun 3, 2016 at 7:09 PM, Shannon Doyle
sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
>
> I think the chapter 7 trustee would be very interested in why PC didn> receive his 50% community share and yes go after that if it is show wife
> received an unfair windfall.
>
>
>
>
>
> [image: New Professional Pic2]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Phone: 855-378-4080 *
>
> *Fax: 562-249-8435 *
>
> *Licensed in California*
>
> [image: PetitionPartnD05bR08aP01ZL-Madison8a]
>
>
> [image: http://pcmweb.net/devglobal/emaildev/eB ... img/fb.png]
> [image:
> http://pcmweb.net/devglobal/emaildev/eB ... witter.png]
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> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Friday, June 03, 2016 2:41 PM
> *To:* cdcbaa@yahoogroups.com
> *Cc:* 'Desiree Causey 714-372-2225'
> *Subject:* [cdcbaa] Divorce and Bankruptcy
>
>
>
>
>
> PNC called and got a horrible decision from the family court and house
> that he estimates to be worth $1.5million (mortgage of $800,000) was
> awarded to wife for $1.1million. He get awarded worthless company with a
> value well over its worthless value. If he files for Chapter 7, given that
> the family court has made this bad decision, will the bankruptcy court now
> sell the house ?
>
>
>
>
>
> Desiree Causey, Esq.
>
> Law Office of Desiree Causey
>
> 7755 Center Avenue, Suite 1100
>
> Huntington Beach, CA 92647
>
>
>
> 714-372-2225 (phone)
>
> 714-908-7646 (same fax number)
>
>
>
> Privileged And Confidential Communication.
> This electronic transmission, and any documents attached hereto, (a) are
> protected by the Electronic Communications Privacy Act (18 USC > 2510-2521), (b) may contain confidential and/or legally privileged
> information, and (c) are for the sole use of the intended recipient named
> above. If you have received this electronic message in error, please notify
> the sender and delete the electronic message. Any disclosure, copying,
> distribution, or use of the contents of the information received in error
> is strictly prohibited.
>
> Please consider the environment before printing this e-mail.
>
>
>
>
>
The family court's determination, if already made, may preclude the bk judge from saying this division is not fair.Sincerely,Michael Avanesian, Esq.Avanesian Law Firm801 N. Brand Blvd., Suite #1130Glendale, CA 91203Tel: 818.276.2477 | Fax:818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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.
The post was migrated from Yahoo.
PNC called and got a horrible decision from the family court and house that
he estimates to be worth $1.5million (mortgage of $800,000) was awarded to
wife for $1.1million. He get awarded worthless company with a value well
over its worthless value. If he files for Chapter 7, given that the family
court has made this bad decision, will the bankruptcy court now sell the
house ?
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
protected by the Electronic Communications Privacy Act (18 USC
2510-2521), (b) may contain confidential and/or legally privileged
information, and (c) are for the sole use of the intended recipient named
above. If you have received this electronic message in error, please notify
the sender and delete the electronic message. Any disclosure, copying,
distribution, or use of the contents of the information received in error is
strictly prohibited.
Please consider the environment before printing this e-mail.
The post was migrated from Yahoo.
You are thinking of the community property discharge. Benefits of cp disch end when divorce final. Won't help.
Sent from my iPhone
On Oct 8, 2012, at 6:34 PM, "Desiree Causey" wrote:
> Husband and wife are getting a somewhat friendly divorce. It is almost done. The last issue is the vast amount of unsecured debt, primarily credit card debt. Husband makes way too much to get into a Chapter 7. But wife makes about $55K and has a couple adult dependants, so she is a possibility for Chapter 7. All the debt is accumulated during the marriage and though the debt is titled to one or the other or both of them, if we file wifebenefit of wifes discharge on all the debt accumulated during marriage?
>
>
>
> I feel like we had a seminar that addressed this about a year ago, but I cant seem to put my hands on the materials from that day.
>
>
>
>
>
> Desiree Causey, Esq.
>
> Law Office of Desiree Causey
>
> 17011 Beach Blvd., Suite 900
>
> Huntington Beach, CA 92647
>
>
>
> 714-375-6663
>
> 714-908-7646 (fax)
>
>
>
>
You are thinking of the community property discharge. Benefits of cp disch end when divorce final. Won't help. Sent from my iPhoneOn Oct 8, 2012, at 6:34 PM, "Desiree Causey" <causeylaw@gmail.com> wrote:
Husband and wife are getting a somewhat friendly divorce. It is almost done. The last issue is the vast amount of unsecured debt, primarily credit card debt. Husband makes way too much to get into a Chapter 7. But wife makes about $55K and has a couple adult dependants, so she is a possibility for Chapter 7. All the debt is accumulated during the marriage and though the debt is titled to one or the other or both of them, if we file wifes Chapter 7 right after the disso is final, does the husband get the benefit of wifes discharge on all the debt accumulated during marriage? I feel like we had a seminar that addressed this about a year ago, but I cant seem to put my hands on the materials from that day. Desiree Causey, Esq.Law Office of Desiree Causey17011 Beach Blvd., Suite 900Huntington Beach, CA 92647 714-375-6663714-908-7646 (fax)
The post was migrated from Yahoo.
charset="US-ASCII"
Link, et al.:
That is not entirely correct. First the discharge injunction will protect
all after acquired community property, which would also include husband's
wages as they are community property. But as you point out, no marriage, no
community property.
There is no such thing as community debt outside bk and division of property
in a divorce. The creditor of married person can go after the community
property to satisfy jmt, but personal liability lies with the borrower, the
tortfeasor, etc. but not with the spouse who is not the borrower,
tortfeasor, etc., unless the creditor can use the necessaries doctrine to
reach the non-owing spouse (which I have never seen them do). So the
husband will only have to deal with the account on which he is actually the
debtor.
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
The post was migrated from Yahoo.
If the husband does not file bankruptcy the only benefit he could possibly get was the discharge injunction which would prevent a creditor from trying to collect from the filer's (the wife) community property. If they are divorced there is no community property so creditors could proceed to collect from the husband on the debt that was incurred during the marriage. They both owe the community property debt. Wife is discharged, husband not.
The same thing happens if a discharge is entered for one spouse during a marriage. The only thing that protects the nonfiler is that everything is community property. If they divorce after the discharge, creditors could once again come after the ex-spouse that did not file.
That said, I've found that creditors are cautious here. I have had one spouse file, then divorce, and I have yet to hear that creditors have gone after the non-filing spouse.
Link Schrader, Attorney
Law Office of Link W. Schrader
Mail: P.O. Box 3723, Tustin, CA 92781
Office: 106 W. 4th Street, Suite #308, Santa Ana, CA 92701
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
San Diego: (619) 952-8342; Fax: (310) 878-4158
www.schrader-law.com
The post was migrated from Yahoo.
Husband and wife are getting a somewhat friendly divorce. It is almost
done. The last issue is the vast amount of unsecured debt, primarily credit
card debt. Husband makes way too much to get into a Chapter 7. But wife
makes about $55K and has a couple adult dependants, so she is a possibility
for Chapter 7. All the debt is accumulated during the marriage and though
the debt is titled to one or the other or both of them, if we file wife's
Chapter 7 right after the disso is final, does the husband get the benefit
of wife's discharge on all the debt accumulated during marriage?
I feel like we had a seminar that addressed this about a year ago, but I
can't seem to put my hands on the materials from that day.
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
The post was migrated from Yahoo.
Yes.
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
Any tax advice contained in the body of this e-mail (and any attachments thereto) was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions.
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
Please consider the environment before printing this e-mail.
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