Family Law and BK

Yahoo Bot · Fri Jan 30, 2009 10:09 am

charset="windows-1251"
but see Sect. 544.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Dennis McGoldrick
Sent: Friday, January 30, 2009 9:48 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Family Law and BK
if the case went to trial, it is probably valid. If the case was settled by
a msa, the it is subject to the uniform fraudulent transfer act. Mejia v.
Reed.
dennis

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Yahoo Bot · Fri Jan 30, 2009 9:48 am

if the case went to trial, it is probably valid. If the case was settled by a msa, the it is subject to the uniform fraudulent transfer act. Mejia v. Reed.
dennis

The post was migrated from Yahoo.

Yahoo Bot · Wed Jan 28, 2009 9:20 am

Watch out for Sect. 544
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Andrew Goodman
Sent: Friday, January 23, 2009 2:03 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Family Law and BK
Matt - I believe that if the State court divides property before bankruptcy
than the State Court Order as to property division will be binding. I
litigated this in a case before Judge Tighe about 3-4 years ago and that's
my recollection of the law. I can try and find the brief if you want.
Andy
_____

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Yahoo Bot · Sun Jan 25, 2009 10:01 am

To answer your original question, the disso judgment is not invalid per se.
The trustee will look at it and decide whether it is an unreasonable
division of property--is the non-filing spouse getting a larger share of the
proceeds? Is the filing spouse getting an exempt asset in exchange for that
larger share? Without details, including whether it is as a result of a
trial or an MSA, its hard to know. How old the judment is comes into play as
well. Since divorce is one of the leading causes of bankruptcy (in my area
at least)the cases are all over the place and very fact specific.
Margaret Norman
111 N. Sepulveda bld. #355
Manhattan Beach, Ca. 90266
310-376-7873
On Sat, 24 Jan 2009 07:12:54 -0800 (PST)
Matt Resnik wrote:
>
>
> Thanks David..I am sorry---its for the sale of the residence where
>the debtor lives and the Court order specifically states the property
>is to be sold...
>
>
>
>Furthermore, this is a Chapter 13...
> ----- Original Message -----
> To: cdcbaa@yahoogroups.com
> Sent: Friday, January 23, 2009 3:49:56 PM GMT -08:00 US/Canada
>Pacific
> Subject: RE: [cdcbaa] Family Law and BK
>
>
>
>
>
>
>
> I forgot to add, of course, that obligation established under
>divorce judgment is not dischargeable in C7 under 523(a)(15).
>
>
>
> David A. Tilem
> Certified Bankruptcy Specialist *†
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201 , Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
>Specialization.
> † Business bankruptcy specialist cert. by Amer. Bd. of
>Certification
>
> -----Original Message-----
>Behalf Of Matt Resnik
> Sent: Friday, January 23, 2009 12:29 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Family Law and BK
>
>
>
>
>For you Family Law gurus-
> Court issues a Judgment in a Divorce. Spouse is entitled to
>property.
> Person now files for BK. Is the Court order for the property in
>favor of other spouse still valid?
>
> --
> Matthew D. Resnik
> Attorney at Law
> Simon and Resnik LLP
> 449 S. Beverly Drive
> Suite 210
> Beverly Hills, Ca
> 90212
> T:310-788-9777
>F: 310-788-0017
> Matt@resniklaw.com
>
>
>
>
> --
> Matthew D. Resnik
> Attorney at Law
> Simon and Resnik LLP
> 449 S. Beverly Drive
> Suite 210
> Beverly Hills, Ca
> 90212
> T:310-788-9777
>F: 310-788-0017
> Matt@resniklaw.com
Margaret Norman, Attorney
111 N. Sepulveda Blvd. #355
Manhattan Beach, Ca. 90266
310-376-7873
Fax-310-798-9846
WWW:Margeslaw.com
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Yahoo Bot · Fri Jan 23, 2009 3:49 pm

I forgot to add, of course, that obligation established under divorce
judgment is not dischargeable in C7 under 523(a)(15).
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Matt Resnik
Sent: Friday, January 23, 2009 12:29 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Family Law and BK
For you Family Law gurus-
Court issues a Judgment in a Divorce. Spouse is entitled to property.
Person now files for BK. Is the Court order for the property in favor of
other spouse still valid?
Matthew D. Resnik
Attorney at Law
Simon and Resnik LLP
449 S. Beverly Drive
Suite 210
Beverly Hills, Ca
90212
T:310-788-9777
F: 310-788-0017
Matt@resniklaw. com
Message
I forgot to add, of course,
that obligation established under divorce judgment is not dischargeable in
C7 under 523(a)(15).

David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

Yahoo Bot · Fri Jan 23, 2009 3:48 pm

Type of property????
See Sect. 544
See Farrey v. Sanderfoot (US Supreme Court)
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Matt Resnik
Sent: Friday, January 23, 2009 12:29 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Family Law and BK
For you Family Law gurus-
Court issues a Judgment in a Divorce. Spouse is entitled to property.
Person now files for BK. Is the Court order for the property in favor of
other spouse still valid?
Matthew D. Resnik
Attorney at Law
Simon and Resnik LLP
449 S. Beverly Drive
Suite 210
Beverly Hills, Ca
90212
T:310-788-9777
F: 310-788-0017
Matt@resniklaw. com
Message
Type of
property????
See Sect.
544
See Farrey v. Sanderfoot
(US Supreme Court)

David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

Yahoo Bot · Fri Jan 23, 2009 2:02 pm

Matt - Ibelieve that if the State court divides property before bankruptcy than the State Court Order as to property divisionwill bebinding. I litigated this in a case before Judge Tighe about 3-4 years ago and that's my recollection of the law. I can try and find the brief if you want.
Andy
________________________________
To: cdcbaa@yahoogroups.com
Sent: Friday, January 23, 2009 12:28:41 PM
Subject: [cdcbaa] Family Law and BK
For you Family Law gurus-
Court issues a Judgment in a Divorce. Spouse is entitled to property.
Person now files for BK. Is the Court order for the property in favor of other spouse still valid?
Matthew D. Resnik
Attorney at Law
Simon and Resnik LLP
449 S. Beverly Drive
Suite 210
Beverly Hills, Ca
90212
T:310-788-9777
F: 310-788-0017
Matt@resniklaw. com
Matt - I believe that if the State court divides property before bankruptcy than the State Court Order as to property division will be binding. I litigated this in a case before Judge Tighe about 3-4 years ago and that's my recollection of the law. I can try and find the brief if you want.
Andy
From: Matt Resnik <matt@simonresniklaw.com>To: cdcbaa@yahoogroups.comSent: Friday, January 23, 2009 12:28:41 PMSubject: [cdcbaa] Family Law and BK
For you Family Law gurus-Court issues a Judgment in a Divorce. Spouse is entitled to property. Person now files for BK. Is the Court order for the property in favor of other spouse still valid?-- Matthew D. ResnikAttorney at LawSimon and Resnik LLP449 S. Beverly DriveSuite 210Beverly Hills, Ca 90212T:310-788-9777F: 310-788-0017Matt@resniklaw. com

The post was migrated from Yahoo.

Yahoo Bot · Fri Jan 23, 2009 12:28 pm

For you Family Law gurus-
Court issues a Judgment in a Divorce. Spouse is entitled to property.
Person now files for BK. Is the Court order for the property in favor of other spouse still valid?
Matthew D. Resnik
Attorney at Law
Simon and Resnik LLP
449 S. Beverly Drive
Suite 210
Beverly Hills, Ca
90212
T:310-788-9777
F: 310-788-0017
Matt@resniklaw.com

The post was migrated from Yahoo.