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Non-filing spouse personal injury proceeds = separate
What if there isn't an award yet? I have a complex scenario
involving multiple parties. (H) filed a Chapter 7 case and is a
defendant in a lawsuit which he is really the main one responsible
for the damages. The other defendants have the ability to do a
global settlement with the plaintiffs if able to lien the proceeds
from (W's) personal injury suit (which W is willing to do). The
real question is: Is the PI suit property of the bankruptcy estate
and, therefore, the Trustee has sole discretion as to whether to
allow any liens against the proceeds? It would be great if we didn't
have to involve the bankruptcy Trustee/court.
On 8/15/2016 2:54 PM, 'Desiree Causey 714-372-2225'
causeylaw@gmail.com [cdcbaa] wrote:
>
>
> This is not my understanding. I think you have to look at the
> details of what the personal injury proceeds are for.
> Hypothetical: If the award if $50,000, and $10,000 is for lost
> wages during marriage and $40,000 is for a permanently injured
> body part, I understand the rule to be $10,000 for the lost wages
> that occurred during marriage is CP, and the $40,000 for the
> injured body part is SP to the person with the injury. It is not
> as simple at saying all personal injuries are created equal and
> are CP.
>
> Just my thoughts.
>
> __
>
> 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)
>
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> *From:*cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Monday, August 15, 2016 2:36 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Non-filing spouse personal injury proceeds
> = separate property?
>
> That was my understanding too, but someone indicated there might
> be the exception I mentioned.
>
> On 8/15/2016 2:17 PM, Nicholas Gebelt ngebelt@gebeltlaw.com
> [cdcbaa] wrote:
>
> Dear Mark,
>
> My understanding has always been that in the absence of a
> prenuptial agreement, community property consists of
> everything other than that with which a spouse enters the
> marriage, and anything a spouse inherits. By that standard a
> post wedding day personal injury claim is community property.
> However, a maven like Pat Green might know of an exception to
> this rule. Pat?
>
> Nick
>
> */Nicholas Gebelt/*
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Attorney at Law
>
> Certified Bankruptcy Law Specialist – State Bar of California
> Board of Legal Specialization
>
> Commissioner, California State Bar’s Bankruptcy Law Advisory
> Commission
>
> Description: Description: Description:
> cid:image003.jpg@01CC076B.B14D73C0
>
> Law Offices of Nicholas Gebelt
>
> 15150 Hornell Street
>
> Whittier, CA 90604
>
> Phone: 562.777.9159
>
> FAX: 562.946.1365
>
> Email: ngebelt@goodbye2debt.com
> ; ngebelt@gebeltlaw.com
>
>
> Web: www.goodbye2debt.com
>
> Blog: www.southerncaliforniabankruptcylawblog.com/
>
>
> *Important notice required by 11 U.S.C. § 528:*We are a debt
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> *From:*cdcbaa@yahoogroups.com
> [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Monday, August 15, 2016 12:37 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Non-filing spouse personal injury proceeds
> = separate property?
>
> If the non-filing spouse of a Chapter 7 debtor has an
> entitlement to proceeds for a personal injury (products
> liability) claim, is that a community asset, or separate
> property? Someone told me it might be separate property since
> it's "personal" in nature and not assignable.
>
> --
>
> *************************
> 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
> ________________________________________________
> NOTICE: This Electronic Message contains information from the
> law office of Mark J. Markus that may be privileged. The
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> 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 in this communication.
>
> --
>
> *************************
> 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
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law
> office of Mark J. Markus that may be privileged. The information
> is intended for the use of the addressee only. If you are not the
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> the contents of this message is prohibited.
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> transaction or matter addressed in this communication.
>
>
>
>
*************************
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
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written 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 in this communication.
The post was migrated from Yahoo.
That was my understanding too, but someone indicated there might be
the exception I mentioned.
On 8/15/2016 2:17 PM, Nicholas Gebelt ngebelt@gebeltlaw.com [cdcbaa]
wrote:
>
>
> Dear Mark,
>
> My understanding has always been that in the absence of a
> prenuptial agreement, community property consists of everything
> other than that with which a spouse enters the marriage, and
> anything a spouse inherits. By that standard a post wedding day
> personal injury claim is community property. However, a maven
> like Pat Green might know of an exception to this rule. Pat?
>
> Nick
>
> */Nicholas Gebelt/*
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Attorney at Law
>
> Certified Bankruptcy Law Specialist – State Bar of California
> Board of Legal Specialization
>
> Commissioner, California State Bar’s Bankruptcy Law Advisory
> Commission
>
> Description: Description: Description:
> cid:image003.jpg@01CC076B.B14D73C0
>
> Law Offices of Nicholas Gebelt
>
> 15150 Hornell Street
>
> Whittier, CA 90604
>
> Phone: 562.777.9159
>
> FAX: 562.946.1365
>
> Email: ngebelt@goodbye2debt.com ;
> ngebelt@gebeltlaw.com
>
> Web: www.goodbye2debt.com
>
> Blog: www.southerncaliforniabankruptcylawblog.com/
>
>
> *Important notice required by 11 U.S.C. § 528:*We are a debt
> relief agency. We help people file for bankruptcy relief under the
> Bankruptcy Code.
>
> *Confidentiality Note*: This e-mail is intended only for the
> person or entity to which it is addressed and may contain
> information that is privileged, confidential, or otherwise
> protected from disclosure. Dissemination, distribution, or
> copying of this e-mail or the information herein by anyone other
> than the intended recipient, or an employee or agent responsible
> for delivering the message to the intended recipient, is
> prohibited. If you have received this e-mail in error, please
> notify us immediately at 562.777.9159 or e-mail info@gebeltlaw.com
> and destroy the original message and
> all copies.
>
> *Representation Note*: If you have not signed a contract of
> representation, the Law Offices of Nicholas Gebelt do not
> represent you, and this email does not contain any legal advice
> for you.
>
> *IRS Circular 230 Disclosure: *In order to comply with the
> 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.
>
> *From:*cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Monday, August 15, 2016 12:37 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Non-filing spouse personal injury proceeds =
> separate property?
>
> If the non-filing spouse of a Chapter 7 debtor has an entitlement
> to proceeds for a personal injury (products liability) claim, is
> that a community asset, or separate property? Someone told me it
> might be separate property since it's "personal" in nature and not
> assignable.
>
> --
>
> *************************
> 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
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law
> office of Mark J. Markus that may be privileged. The information
> is intended for the use of the addressee only. If you are not the
> addressee, note that any disclosure, copy, distribution or use of
> the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. tax advice
> contained in this communication (or in any attachment) is not
> intended or written 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 in this communication.
>
>
>
>
*************************
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
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written 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 in this communication.
The post was migrated from Yahoo.