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Amending exemptions post discharge
charset="windows-1251"
No, it can be used to defeat a proposed amendment of Schedule C but this is
rare.
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.
Mark J. Markus
Sent: Monday, December 28, 2009 10:17 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Amending exemptions post discharge
Yea, they definitely need the wildcard. Thanks. I figured there might be a
laches/prejudice argument in there somewhere, but doesn't that go more to
Trustee's fees than to the actual validity of the exemption?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw. com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
http://bklaw.
The post was migrated from Yahoo.
Yea, they definitely need the wildcard. Thanks. I figured there might
be a laches/prejudice argument in there somewhere, but doesn't that go
more to Trustee's fees than to the actual validity of the exemption?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
________________________________________________
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.
On 12/28/2009 9:22 AM, David A. Tilem wrote:
>
>
> You can try, but amending exemptions is subject to prejudice argument
> by Trustee - a little like a laches argument. No harm in trying -
> except that you may expose something else if you shift wildcard.
> Wages are 75% exempt - do you need wildcard?
> *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 *Mark J. Markus
> *Sent:* Thursday, December 24, 2009 2:58 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Amending exemptions post discharge
>
>
> Ch. 7 case filed in Bakersfield. Trustee is asking debtors to turn over
> about $3,000 which he claims were wages earned, but unpaid at the time
> of filing, plus some additional funds in a bank account over what was
> listed in the schedules.
>
> I took most of debtors' wildcard exemption on proceeds to be received
> from a pending lawsuit.
>
> Discharge is already entered.
>
> Can I amend to add the inadvertently omitted unpaid wage asset, and
> shift the wildcard exemptions to that and the bank account, and lower
> the amount taken on the lawsuit proceeds (which are somewhat
> speculative)? Any penalty for doing this at this point? I can't find
> anything that says it would be a problem, but if it were that easy, I
> suspect the Trustee wouldn't have asked for the money.
>
> --
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this
> means at
> http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/
> )
> ________________________________________________
> 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.
charset="windows-1251"
You can try, but amending exemptions is subject to prejudice argument by
Trustee - a little like a laches argument. No harm in trying - except that
you may expose something else if you shift wildcard. Wages are 75% exempt -
do you need wildcard?
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.
Mark J. Markus
Sent: Thursday, December 24, 2009 2:58 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Amending exemptions post discharge
Ch. 7 case filed in Bakersfield. Trustee is asking debtors to turn over
about $3,000 which he claims were wages earned, but unpaid at the time
of filing, plus some additional funds in a bank account over what was
listed in the schedules.
I took most of debtors' wildcard exemption on proceeds to be received
from a pending lawsuit.
Discharge is already entered.
Can I amend to add the inadvertently omitted unpaid wage asset, and
shift the wildcard exemptions to that and the bank account, and lower
the amount taken on the lawsuit proceeds (which are somewhat
speculative)? Any penalty for doing this at this point? I can't find
anything that says it would be a problem, but if it were that easy, I
suspect the Trustee wouldn't have asked for the money.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw. com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
http://bklaw.
The post was migrated from Yahoo.
Ch. 7 case filed in Bakersfield. Trustee is asking debtors to turn over
about $3,000 which he claims were wages earned, but unpaid at the time
of filing, plus some additional funds in a bank account over what was
listed in the schedules.
I took most of debtors' wildcard exemption on proceeds to be received
from a pending lawsuit.
Discharge is already entered.
Can I amend to add the inadvertently omitted unpaid wage asset, and
shift the wildcard exemptions to that and the bank account, and lower
the amount taken on the lawsuit proceeds (which are somewhat
speculative)? Any penalty for doing this at this point? I can't find
anything that says it would be a problem, but if it were that easy, I
suspect the Trustee wouldn't have asked for the money.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
________________________________________________
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.