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exempting worker's compensation award in California
Listmates,
Here's a related procedural question:
If I have to amend schedules B and C to list claims against the
mortgage lender and possibly amend schedule D to indicate that
mortgage lender's claim is disputed, who do I have to serve with the
amendments?
It makes sense to serve the chapter 7 trustee, the US Trustee, and the
affected creditor. Is my thinking correct?
What code section or bankruptcy rule determines who to serve in this
circumstance?
On 10/24/10, Alik Segal wrote:
> Listmates,
>
> What is the proper authority to exempt debtors workers compensation
> claim?
>
> The following sections seem to apply:
>
> California CCP section 703.140
> (b) The following exemptions may be elected as provided in subdivision
> (a):
> (10) The debtors right to receive any of the following:
> (C) A disability, illness of unemployment benefit
>
> California Code of Civil Procedure section 704.160
> (a) Except as provided by Chapter 1 (commencing with section 4900) of
> Part 3 of Division 4 of the Labor Code, before payment, a claim for
> workers compensation or workers compensation awarded or adjudged is
> exempt without making a claim. Except as specified in subdivision b,
> after payment, the award is exempt.
>
> Subdivision (b) has to do with the rights of a support judgment creditor.
>
> Chapter 1 (commencing with section 4900) of Part 3 of Division 4 of
> the Labor Code has to do with the rights in the award of various
> players involved in the workers compensation arena. It does not
> appear to involve the rights of bankruptcy trustee.
>
> Based on the above it appears that the worker's comp award is fully
> exempt under either system. Am I reading the sections correctly?
>
> Is there other authority that bears on this issue?
>
>
> --
> Alik Segal
> Alik.Segal@gmail.com
> 310-362-6157
> Cal. CD, Los Angeles
>
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
The post was migrated from Yahoo.
As I recall, the 704 and LC exemptions are not limited by reasonably
necessary to support.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
As I recall, the 704 and LC exemptions are not limited by reasonably
necessary to support.
Law Office of
Eric Alan Mitnick21515 Hawthorne Boulevard, Ste. 1080Torrance, CA
90503(310) 792-5864; 792-5866
The post was migrated from Yahoo.
Listmates,
What is the proper authority to exempt debtors workers compensation claim?
The following sections seem to apply:
California CCP section 703.140
(b) The following exemptions may be elected as provided in subdivision (a):
(10) The debtors right to receive any of the following:
(C) A disability, illness of unemployment benefit
California Code of Civil Procedure section 704.160
(a) Except as provided by Chapter 1 (commencing with section 4900) of
Part 3 of Division 4 of the Labor Code, before payment, a claim for
workers compensation or workers compensation awarded or adjudged is
exempt without making a claim. Except as specified in subdivision b,
after payment, the award is exempt.
Subdivision (b) has to do with the rights of a support judgment creditor.
Chapter 1 (commencing with section 4900) of Part 3 of Division 4 of
the Labor Code has to do with the rights in the award of various
players involved in the workers compensation arena. It does not
appear to involve the rights of bankruptcy trustee.
Based on the above it appears that the worker's comp award is fully
exempt under either system. Am I reading the sections correctly?
Is there other authority that bears on this issue?
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
The post was migrated from Yahoo.