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Family Law and BK=20
Thank you for all your answers. I inevitably got the other side to back down.
Clearly, this is fact specific.
The Court required a sale however, the proceeds were divided in a specific way. The fact that the proceeds were to be divided AFTER the sale allowed me to argue 362(b)(2)(A)(iv) carved out an exception as to the property of the Estate. The old preservation of "status quo"....
Right or wrong, we did come to an agreement and I believe that in abundance of caution, they should of obtained relief first.
To: cdcbaa@yahoogroups.com
Sent: Friday, January 23, 2009 2:02:47 PM GMT -08:00 US/Canada Pacific
Subject: Re: [cdcbaa] Family Law and BK
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
The post was migrated from Yahoo.
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...
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 isnot 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.
fication
att 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
p { margin: 0; }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 -----roups.comSent: Friday, January 23, 2009 3:49:56 PM GMT -08:00 US/Canada PacificSubject: 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-----From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Matt ResnikSent: Friday, January 23, 2009 12:29 PMTo: cdcbaa@yahoogroups.comSubject: [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
-- 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.