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Worker's comp exemption
Steven: Theproblem I see with using 703.140(b)(11)(E) is that there is a test that the compensation of loss of future earningsis"reasonably necessary for the support of the debtor." Sometimes, the injured worker cancontinue working in a modified position, or evenin his or her regularjob,while collecting permanent disability (as opposed to temporary disability), so that could fail the test. Workers' Comp permanent disability takes into account the body part, the type of injury, the injured worker's age and occupation, as well asdiminished future earning capacity.
I've had success using 703.140(b)(10)(C) which specifically mentions the debtor's right to receive"A disability, illness, or unemployment benefit." A Workers' Comp permanent disabilty benefit seems to fit the definition.
Laura
Potier Law Group
2122 N. Broadway
Santa Ana CA 92706
714-571-0042
lyounglaw@yahoo.com
________________________________
To: cdcbaa@yahoogroups.com
Sent: Monday, February 6, 2012 3:58 PM
Subject: Re: [cdcbaa] Worker's comp exemption
My understanding is that the injured worker will ultimately recover an award for permanent disability and possibly future medical care. The permanent disability award reflects a loss of future income. Why not exempt it under 703.140 (b)(11)(E)?
Steven L. Bryson
Attorney at Law
Certified Bankruptcy Specialist
State Bar of California
Board of Legal Specialization
11377 W. Olympic Bl., Ste 500
Los Angeles, CA 90064
310-477-4555
www.file4bankruptcy.com
To: cdcbaa
Sent: Fri, Feb 3, 2012 2:00 pm
Subject: [cdcbaa] Worker's comp exemption
Hello Listmates
I;m filing a chapter 7 under 703, the debtor has a pending worker's comp action (back injury and has had surgery and will require another), 703 doesn't provide for exemption, any suggestions how I should exempt it. 704 does provide an exemption.
The post was migrated from Yahoo.
My understanding is that the injured worker will ultimately recover an award for permanent disability and possibly future medical care. The permanent disability award reflects a loss of future income. Why not exempt it under 703.140 (b)(11)(E)?
Steven L. Bryson
Attorney at Law
Certified Bankruptcy Specialist
State Bar of California
Board of Legal Specialization
11377 W. Olympic Bl., Ste 500
Los Angeles, CA 90064
310-477-4555
www.file4bankruptcy.com
To: cdcbaa
Sent: Fri, Feb 3, 2012 2:00 pm
Subject: [cdcbaa] Worker's comp exemption
Hello Listmates
I;m filing a chapter 7 under 703, the debtor has a pending worker's comp action (back injury and has had surgery and will require another), 703 doesn't provide for exemption, any suggestions how I should exempt it. 704 does provide an exemption.
My understanding is that the injured worker will ultimately recover an award for permanent disability and possibly future medical care. The permanent disability award reflects a loss of future income. Why not exempt it under 703.140 (b)(11)(E)?
Steven L. Bryson
Attorney at Law
Certified Bankruptcy Specialist
State Bar of California
Board of Legal Specialization
11377 W. Olympic Bl., Ste 500
Los Angeles, CA 90064
310-477-4555
www.file4bankruptcy.com
-----Original Message-----
To: cdcbaa <cdcbaa@yahoogroups.com>
Sent: Fri, Feb 3, 2012 2:00 pm
Subject: [cdcbaa] Worker's comp exemption
Hello Listmates
I;m filing a chapter 7 under 703, the debtor has a pending worker's comp action (back injury and has had surgery and will require another), 703 doesn't provide for exemption, any suggestions how I should exempt it. 704 does provide an exemption.
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The post was migrated from Yahoo.
please contact me off the listserv.
Mike Candiotti 818 345-5120
>
> Hello Listmates
>
> I;m filing a chapter 7 under 703, the debtor has a pending worker's comp action (back injury and has had surgery and will require another), 703 doesn't provide for exemption, any suggestions how I should exempt it. 704 does provide an exemption.
>
The post was migrated from Yahoo.
Hello Listmates
I;m filing a chapter 7 under 703, the debtor has a pending worker's comp action (back injury and has had surgery and will require another), 703 doesn't provide for exemption, any suggestions how I should exempt it. 704 does provide an exemption.
The post was migrated from Yahoo.