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Workers Comp & Exemptions
Thanks Eric
>
>
>
> In a message dated 5/12/2010 12:43:50 PM Pacific Daylight Time,
> robertvitt@... writes:
>
>
>
>
> 1) Can a Debtor who has a pending workers comp claim protect all of it> when she's not sure how much, if anything she may get? The Debtor has a
> claim which is about 5 years old now, she does not know when or if she 'll
> receive anything, but the claim is for around $60k. Her attorney for that
> case is still working on it and nobody knows how it will turn out, however
> Debtor needs to file bankruptcy to move on with other areas of her life. My
> understanding is that in California workers comp claims can be exempted 100%
> by going the 704 route, specifically 704.160 for workers comp benefits. > My concern is this is not a vested benefit yet (not sure if that matters).
> Pursuant to that, should the claim amount on Schedule B be listed with
> $60k with a description, or am I better off listing it as $0.00 with a
> description of that it could range anywhere from $0 to $60k
>
> To summarize: 1) can she protect all of her pending workers comp
> lawsuit under 704.160
> 2) how should she list the asset on Schedule B (or potential asset)
>
>
> Thanks!
>
> --
> Robert S. Vitt
> VITT LAW FIRM
>
> 3200 E. Guasti Road Ste 100
> Ontario, CA 91761
> 909.275.7594 Office
> 909.275.7621 Facsimile
> _www.bankrutpcy-www.ba_ (http://www.bankrutpcy-ie.com/)
> _www.vittlawfirm.www_ (http://www.vittlawfirm.com/)
>
> Any tax advice contained in the body of this e-mail 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.
>
>
>
>
>
>
> Yes and yes. There are also Labor Code provisions that also provide
> exemptions for the claim.
>
> Law Office of Eric Alan Mitnick
> 21515 Hawthorne Boulevard, Suite 1080
> Torrance, CA 90503
> (310) 792-5864; 792-5866 (fax)
> MitnickLaw@...
>
The post was migrated from Yahoo.
1) Can a Debtor who has a pending workers comp claim protect all of it when she's not sure how much, if anything she may get? The Debtor has a claim which is about 5 years old now, she does not know when or if she 'll receive anything, but the claim is for around $60k. Her attorney for that case is still working on it and nobody knows how it will turn out, however Debtor needs to file bankruptcy to move on with other areas of her life. My understanding is that in California workers comp claims can be exempted 100% by going the 704 route, specifically 704.160 for workers comp benefits. My concern is this is not a vested benefit yet (not sure if that matters). Pursuant to that, should the claim amount on Schedule B be listed with $60k with a description, or am I better off listing it as $0.00 with a description of that it could range anywhere from $0 to $60k
To summarize: 1) can she protect all of her pending workers comp lawsuit under 704.160
2) how should she list the asset on Schedule B (or potential asset)
Thanks!
The post was migrated from Yahoo.
In a message dated 5/12/2010 12:43:50 PM Pacific Daylight Time,
robertvitt@vittlawfirm.com writes:
1) Can a Debtor who has a pending workers comp claim protect all of it
when she's not sure how much, if anything she may get? The Debtor has aclaim which is about 5 years old now, she does not know when or if she 'llreceive anything, but the claim is for around $60k. Her attorney for thatcase is still working on it and nobody knows how it will turn out, howeverDebtor needs to file bankruptcy to move on with other areas of her life. My
understanding is that in California workers comp claims can be exempted 100%
by going the 704 route, specifically 704.160 for workers comp benefits. My concern is this is not a vested benefit yet (not sure if that matters).Pursuant to that, should the claim amount on Schedule B be listed with
$60k with a description, or am I better off listing it as $0.00 with a
description of that it could range anywhere from $0 to $60k
To summarize: 1) can she protect all of her pending workers comp
lawsuit under 704.160
2) how should she list the asset on Schedule B (or potential asset)
Thanks!
Robert S. Vitt
VITT LAW FIRM
3200 E. Guasti Road Ste 100
Ontario, CA 91761
909.275.7594 Office
909.275.7621 Facsimile
_www.bankrutpcy-www.ba_ (http://www.bankrutpcy-ie.com/)
_www.vittlawfirm.www_ (http://www.vittlawfirm.com/)
Any tax advice contained in the body of this e-mail 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 orapplicable 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.
Yes and yes. There are also Labor Code provisions that also provide
exemptions for the claim.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
In a message dated 5/12/2010 12:43:50 PM Pacific Daylight Time,
robertvitt@vittlawfirm.com writes:
1)
Can a Debtor who has a pending workers comp claim protect all of it when she's
not sure how much, if anything she may get? The Debtor has a claim
which is about 5 years old now, she does not know when or if she 'll receive
anything, but the claim is for around $60k. Her attorney for that case
is still working on it and nobody knows how it will turn out, however Debtor
needs to file bankruptcy to move on with other areas of her life. My
understanding is that in California workers comp claims can be exempted 100%
by going the 704 route, specifically 704.160 for workers comp benefits.
My concern is this is not a vested benefit yet (not sure if that
matters). Pursuant to that, should the claim amount on Schedule B be
listed with $60k with a description, or am I better off listing it as $0.00
with a description of that it could range anywhere from $0 to
$60k To
summarize: 1) can she protect all of her pending workers comp lawsuit under
The post was migrated from Yahoo.
1) Can a Debtor who has a pending workers comp claim protect all of it when
she's not sure how much, if anything she may get? The Debtor has a claim
which is about 5 years old now, she does not know when or if she 'll receive
anything, but the claim is for around $60k. Her attorney for that case is
still working on it and nobody knows how it will turn out, however Debtor
needs to file bankruptcy to move on with other areas of her life. My
understanding is that in California workers comp claims can be exempted 100%
by going the 704 route, specifically 704.160 for workers comp benefits. My
concern is this is not a vested benefit yet (not sure if that matters).
Pursuant to that, should the claim amount on Schedule B be listed with $60k
with a description, or am I better off listing it as $0.00 with a
description of that it could range anywhere from $0 to $60k
To summarize: 1) can she protect all of her pending workers
comp lawsuit under 704.160
2) how should she list the asset on
Schedule B (or potential asset)
Thanks!
Robert S. Vitt
VITT LAW FIRM
3200 E. Guasti Road Ste 100
Ontario, CA 91761
909.275.7594 Office
909.275.7621 Facsimile
www.bankrutpcy-ie.com
www.vittlawfirm.com
Any tax advice contained in the body of this e-mail 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.
1) Can a Debtor who has a pending workers comp claim protect all of it when she's not sure how much, if anything she may get? The Debtor has a claim which is about 5 years old now, she does not know when or if she 'll receive anything, but the claim is for around $60k. Her attorney for that case is still working on it and nobody knows how it will turn out, however Debtor needs to file bankruptcy to move on with other areas of her life. My understanding is that in California workers comp claims can be exempted 100% by going the 704 route, specifically 704.160 for workers comp benefits. My concern is this is not a vested benefit yet (not sure if that matters). Pursuant to that, should the claim amount on Schedule B be listed with $60k with a description, or am I better off listing it as $0.00 with a description of that it could range anywhere from $0 to $60k
To summarize: 1) can she protect all of her pending workers comp lawsuit under 704.160sset)
Thanks!-- Robert S. VittVITT LAW FIRM3200 E. Guasti Road Ste 100Ontario, CA 91761909.275.7594 Office909.275.7621 Facsimilewww.bankrutpcy-ie.com
www.vittlawfirm.comAny tax advice contained in the body of this e-mail 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.
The post was migrated from Yahoo.