.jpg)
is joint tenancy to co tenancy a transfer
Take a look at the attached case which might be helpful.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Friday, March 1, 2019, 3:12:00 PM PST, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
PC is joint tenant with brother in house in which PC does not live and for which PC never contributed a penny and only lent name to get loan. House has some equity -- net equity would be$13,000 to be split in 2 if shares are equal (as they are presumed to be in a true joint tenancy).oint tenancy can be rebuttedhere to show that it is just a co tenancy despite the current title and PC's share may be nothing. Would a beconsidered an avoidance transfer? Of course, the ultimate question is whether we can resist an attach by a Chapter 7 Trusteein a cost-efficient basis. That is, if the Trustee tries to threaten a sale, would it be too costly to prove it was alwaysa co-tenancy so that the Trusteewould not even bother in the first place.Would a transfer from her brother to both of them again but as co-tenants be the better way to pre-bankruptcy plan (as Judge Sotomayor says is permissible)?
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN WRITING.
Giovanni Orantes, Esq.*Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial LitigationEstate PlanningOutside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal advice and should not be relied upon as legal advice unless counsel expressly contracted in writing to provide such advice. Furthermore, the information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail at (213) 389-4362 or (888) 619-8222.
The post was migrated from Yahoo.
PC is joint tenant with brother in house in which PC does not live and for
which PC never contributed a penny and only lent name to get loan. House
has some equity -- net equity would be $13,000 to be split in 2 if shares
are equal (as they are presumed to be in a true joint tenancy). There is
case law saying and facts supporting that the presumption of joint tenancy
can be rebutted here to show that it is just a co tenancy despite the
current title and PC's share may be nothing. Would a quitclaim deed from
her as a joint tenant to herself as a co-tenant be considered an avoidance
transfer? Of course, the ultimate question is whether we can resist an
attach by a Chapter 7 Trustee in a cost-efficient basis. That is, if the
Trustee tries to threaten a sale, would it be too costly to prove it was
always a co-tenancy so that the Trustee would not even bother in the first
place. Would a transfer from her brother to both of them again but as
co-tenants be the better way to pre-bankruptcy plan (as Judge Sotomayor
says is permissible)?
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
WRITING.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal
advice and should not be relied upon as legal advice unless counsel
expressly contracted in writing to provide such advice. Furthermore, the
information contained in this e-mail message is confidential information
intended only for the use of the individual or entity named. If the reader
of this message is not the intended recipient or an agent responsible for
delivering it to the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone or e-mail and delete the original e-mail
PC is joint tenant with brother in house in which PC does not live and for which PC never contributed a penny and only lent name to get loan. House has some equity -- net equity would be$13,000 to be split in 2 if shares are equal (as they are presumed to be in a true joint tenancy). There is case law saying and facts supporting that the presumption of joint tenancy can be rebuttedhere to show that it is just a co tenancy despite the current title and PC's share may be nothing. Would aquitclaim deed from heras a joint tenant to herself as a co-tenant beconsidered an avoidance transfer? Of course, the ultimate question is whether we can resist an attach by a Chapter 7 Trusteein a cost-efficient basis. That is, if the Trustee tries to threaten a sale, would it be too costly to prove it was alwaysa co-tenancy so that the Trusteewould not even bother in the first place.tenants be the better way to pre-bankruptcy plan (as Judge Sotomayor says is permissible)?-- WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN WRITING.Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com*Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization*Board Certified - Business Bankruptcy Law - American Board of Certification*Board Certified - Consumer Bankruptcy Law - American Board of CertificationCommercial LitigationEstate PlanningOutside General Counsel
The post was migrated from Yahoo.