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How do you treat a Taxi Cab License/Franchise
charset="UTF-8"
I have read my previous post and believe it was not correct in the sense that there are three (or maybe four?) property components, rather than two. Besides the license to drive a cab which has no value (property interest #1), there is the license for the cab owner from the govt entity (property interest #2). This is the license that Dennis and other were discussing, which I didnt completely understand until I went home and thought about it. (Probably because I only was involved way back when as a driver). This license may or may not be separate from the debtors interest in the cab itself (property interest #3) or in the association or franchise (property interest #4). For example, I believe that there at least two, possibly more, associations in Los Angeles which have driver/owners as members. The first two of these came into existence the mid 70s after Yellow Cab, which had been the only cab company licensed to operate in the city for many, many years, had collapsed after a strike by the drivers in the mid 70s. This of course left a void, as there was suddenly no cab company licensed in LA.
To fill the void the former drivers for Yellow formed two separate driver/owner associations. I cant remember the names but one had green and white cabs and the other blue and white with red. They used their pooled resources to advertise and have a dispatch system. Because they were driver owned, they had no need for the overhead expense of a garage to park the cabs in. They then became the only cabs in the city.
Someone from Vegas came in and bought out the old yellow cab operation, including fleet and garage. They hired drivers (like me) and flooded the streets with cabs to try to drive the associations out of business. They fortunately failed, but did add another choice for the public. The new yellow was strictly an employer employee relationship at that time, with the drivers owning nothing.
Philomena, I think the question for you is whether there is yet a third type of operation where the drivers lease a cab from the company or own a franchise or whether they are driver owners. The reason I raise this is that there could be a split in the ownership of two of the valuable assets: the license from the city to the owner to operate a cab in LA (which is to be distinguished from the personal license a driver gets from the city to drive a cab) and the franchise or membership in the association. Who owns the license from the city, the franchisor (or licensor) or the driver? I would think with a franchisee the franchisor might own the license, which is what would make the franchise valuable, whereas in the owner/operator associations, I think it is almost certain that owner/operator has the license from the city in addition to owning his cab.
I think you should explore all these relationships before you take the leap.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
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This answer is partially based on my experience of driving for the then Yellow Cab over thirty years ago and paying attention since then, so if the taxi world has changed, let me know what the current structure is.
In NYC cabs are a very lucrative business because the city is so compact/vertical; in LA it is far less profitable to be cabbie because we are a horizontal metro area with cars being the preferred mode of transport. Cabbies in LA have long waits between fares; in NYC they are full most of the time. In LA the license and the franchise are two different issues. These are two separate property rights. The govt issues the license, a private company or association controls the franchise. One can be sold without the other. The cab licenses are relatively inexpensive and easy to come by, but the franchises are costly and therefore more dear.
In the fact pattern at hand, I would think the sale of the franchise is the issue, the license is a distant second.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
Licenses:
Licenses are not subject to sale in collection because they are a priviledge given by the state. If any of us filed bankruptcy, our licenses to practice law could not be sold to joe smith, so that Joe Smith could practice law.
The state allows the sale of some licenses. Consider a liquor license. It can be sold. When I was a bankruptcy trustee I sold a lot of them. However, the ABC has to approve the buyer. They don't let crooks buy liquor licenses. If a liquor license was simply subject to execution sale even Al Capone could buy one.
A Taxi driver's license is like a liquor license. It can be sold, and would be sold by a trustee, if not enough wildcard to keep it.
So the restriction on the sale of a license is not an exemption. It is a limitation on the transfer of the priviledge granted to the licensee by the state.
dennis
The post was migrated from Yahoo.
Wait, how about tools of the trade....? Do a little research on that one.
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.
Philomena Nzegge
Sent: Sunday, February 28, 2010 6:54 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] How do you treat a Taxi Cab License/Franchise
Hello:
Prospective client drives a yellow taxi cab, has 80K unsecured debts. He has
a License/Franchise which amongst taxi drivers could be worth $35k to $50K.
Is the wild card exemption my only option and negotiate with the Trustee to
buy back the remainder value?
Thanks.
Philomena N. Nzegge
Law Office of Philomena N. Nzegge
3701 Wilshire Boulevard, Suite 1120
Los Angeles, CA 90010
(213) 739-0650
Message
Wait, how about tools of
the trade....? Do a little research on that one.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
yes
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.
Philomena Nzegge
Sent: Sunday, February 28, 2010 6:54 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] How do you treat a Taxi Cab License/Franchise
Hello:
Prospective client drives a yellow taxi cab, has 80K unsecured debts. He has
a License/Franchise which amongst taxi drivers could be worth $35k to $50K.
Is the wild card exemption my only option and negotiate with the Trustee to
buy back the remainder value?
Thanks.
Philomena N. Nzegge
Law Office of Philomena N. Nzegge
3701 Wilshire Boulevard, Suite 1120
Los Angeles, CA 90010
(213) 739-0650
Message
yes
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Good Morning Colleagues:
As of April 1, 2010, the 109(e) debt limits will increase to the following amounts:
Unsecured Debt: $360,475.00
Secured Debt: $1,081,400.00
KEITH ALAN HIGGINBOTHAM
Pedro Mayser, Office Manager
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
HigginbothamLaw@aol.com
To: cdcbaa@yahoogroups.com
Sent: Sun, Feb 28, 2010 9:00 pm
Subject: Re: [cdcbaa] How do you treat a Taxi Cab License/Franchise
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 28, 2010, at 5:24 PM, robert90701@aol.com wrote:
Dear Members:
Unfortunately not everything is black and white so
Dennis owes us answers to the following questions.
Why are you assuming you can make this demand?
Dennis, answer "Yes" or "No" to the following questions for our benefit.
No
Have you ever heard of stringing code together to bootstrap an exemption?
Are you familiar with Part II, Title 9, Div. 2, Chapter 4, Exemptions, Art. 1 General Provisions of the California CCP?
Does 703.140 say that under Title 11 of the USC "all exemptions provided by this chapter" ...are applicable?
And does "this chapter" refer to "Chapter 4 Exemptions" in the CCP?
Is 703.010 and 703.140 included in Chapter 4 above?
Does 703.010 say "exemptions ... provided by any other statute"
And would 695.060 be included in "any other statute"?
No, this is not an exemption. It is an exception to execution.
And does 695.060 pertain to a taxi license?
Can you cite to any case law to support your allegation? If YesCan you cite to any authority to support your allegation? If Yes please state it.
Good Luck starts with a strategy and a plan. Form a strategic alliance with
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Income Tax for Attorneys, Bankruptcy, IRS representation,
Fiduciary income tax returns, Estate and Gift tax returns,
Trust Protector, Independent Trustee, Court Accountings
In a message dated 2/28/2010 3:10:48 P.M. Pacific Standard Time, easky1@yahoo.com writes:
This is really bad advice. We have to stop guessing on this listserve. The statute cited would protect the debtor if the debtor stayed out of bankruptcy. Once the debtor files, the debtor hands the license to the trustee, it will be property of the estate and will be sold
If there is not an exemption to protect it.
If the debtor does not file, the license is not subject to enforcement.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 28, 2010, at 8:33 AM, robert90701@aol.com wrote:
Dear PNN:
Try integrating 695.060 with 701.010. It is worth a try. Let us know if you are successful.
Has anyone used 695.060?
703.010. Except as otherwise provided by statute:
(a) The exemptions provided by this chapter or by any other
statute apply to all procedures for enforcement of a money judgment.
695.060. Except as provided in Section 708.630, a license issued by
a public entity to engage in any business, profession, or activity
is not subject to enforcement of a money judgment.
Good Luck starts with a strategy and a plan. Form a strategic alliance with
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Income Tax for Attorneys, Bankruptcy, IRS representation,
Fiduciary income tax returns, Estate and Gift tax returns,
Trust Protector, Independent Trustee, Court Accountings
In a message dated 2/28/2010 7:26:18 A.M. Pacific Standard Time, jim@wsrlaw.net writes:
Yes, that would be your only option in a Chapter 7 case. I had a Chapter 7 debtor a few years ago with a taxi license/franchise which ended up having a much lower actual value than the client believed.
Philomena Nzegge wrote:
Hello:
Prospective client drives a yellow taxi cab, has 80K unsecured debts. He has a License/Franchise which amongst taxi drivers could be worth $35k to $50K. Is the wild card exemption my only option and negotiate with the Trustee to buy back the remainder value?
Thanks.
Philomena N. Nzegge
Law Office of Philomena N. Nzegge
3701 Wilshire Boulevard, Suite 1120
Los Angeles, CA 90010
(213) 739-0650
Good Morning Colleagues:
As of April 1, 2010, the 109(e) debt limits will increase to the following amounts:
Unsecured Debt: $360,475.00
Secured Debt: $1,081,400.00
KEITH ALAN HIGGINBOTHAM
Pedro Mayser, Office Manager
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
HigginbothamLaw@aol.com
To: cdcbaa@yahoogroups.com <cdcbaa@yahoogroups.com>
Sent: Sun, Feb 28, 2010 9:00 pm
Subject: Re: [cdcbaa] How do you treat a Taxi Cab License/Franchise
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 28, 2010, at 5:24 PM, robert90701@aol.com wrote:
Dear Members:
Unfortunately not everything is black and white so
Dennis owes us answers to the following questions.
Why are you assuming you can make this demand?
Dennis, answer "Yes" or "No" to the following questions for our benefit.
No
Have you ever heard of stringing code together to bootstrap an exemption?
Are you familiar with Part II, Title 9, Div. 2, Chapter 4, Exemptions, Art. 1 General Provisions of the California CCP?
Does 703.140 say that under Title 11 of the USC "all exemptions provided by this chapter" ...are applicable?
And does "this chapter" refer to "Chapter 4 Exemptions" in the CCP?
Is 703.010 and 703.140 included in Chapter 4 above?
Does 703.010 say "exemptions ... provided by any other statute"
And would 695.060 be included in "any other statute"?
No, this is not an exemption. It is an exception to execution.
And does 695.060 pertain to a taxi license?
Can you cite to any case law to support your allegation? If Yes please state it.
Can you cite to any authority to support your allegation? If Yes please state it.
Good Luck starts with a strategy and a plan. Form a strategic alliance with
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Income Tax for Attorneys, Bankruptcy, IRS representation,
Fiduciary income tax returns, Estate and Gift tax returns,
Trust Protector, Independent Trustee, Court Accountings
In a message dated 2/28/2010 3:10:48 P.M. Pacific Standard Time, easky1@yahoo.com writes:
This is really bad advice. We have to stop guessing on this listserve. The statute cited would protect the debtor if the debtor stayed out of bankruptcy. Once the debtor files, the debtor hands the license to the trustee, it will be property of the estate and will be sold
If there is not an exemption to protect it.
If the debtor does not file, the license is not subject to enforcement.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 28, 2010, at 8:33 AM, robert90701@aol.com wrote:
Dear PNN:
Try integrating 695.060 with 701.010. It is worth a try. Let us know if you are successful.
Has anyone used 695.060?
703.010. Except as otherwise provided by statute:
(a) The exemptions provided by this chapter or by any other
The post was migrated from Yahoo.
Dennis does not owe the members of our organization any answers! He
was the CDCBAAs founding president and he has volunteered countless
hours over the years maintaining the listserv - obviously a thankless
job. (Thank you Dennis!)
None of us has the right to demand responses from another on this
listserv. If you do not understand someone elses analysis ask
respectfully for an explanation and/or explain your own differing
analysis and request constructively for the other members to point out
flaws in the analysis. Sometimes it is enlightening to see what we
missed in our analysis and sometimes it is a good feeling to have
confirmation from peers that our analysis is correct. Regardless,
serving as the venue for a respectful and intelligent exchange of
ideas this listserv is an extremely valuable tool for all the CDCBAA
members and I believe assists each of us to be better attorneys. Let
us keep it that way!
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
On Sun 28/02/10 5:24 PM , robert90701@aol.com sent:
Dear Members:
Unfortunately not everything is black and white so
Dennis owes us answers to the following questions.
Dennis, answer "Yes" or "No" to the following questions for our
benefit.
Have you ever heard of stringing code together to bootstrap an
exemption?
Are you familiar with Part II, Title 9, Div. 2, Chapter 4,
Exemptions, Art. 1 General Provisions of the California CCP?
Does 703.140 say that under Title 11 of the USC "all exemptions
provided by this chapter" ...are applicable?
And does "this chapter" refer to "Chapter 4 Exemptions" in the CCP?
Is 703.010 and 703.140 included in Chapter 4 above?
Does 703.010 say "exemptions ... provided by any other statute"
And would 695.060 be included in "any other statute"?
And does 695.060 pertain to a taxi license?
Can you cite to any case law to support your allegation? If
Can you cite to any authority to support your allegation? If
GOOD LUCK STARTS WITH A STRATEGY AND A PLAN. FORM A STRATEGIC
ALLIANCE WITH
ROBERT J. SUHAJDA, MS,CPA
17721 NORWALK BLVD. #43
ARTESIA, CA 90701
562-924-8922
INCOME TAX FOR ATTORNEYS, BANKRUPTCY, IRS REPRESENTATION,
FIDUCIARY INCOME TAX RETURNS, ESTATE AND GIFT TAX RETURNS,
TRUST PROTECTOR, INDEPENDENT TRUSTEE, COURT ACCOUNTINGS In a
message dated 2/28/2010 3:10:48 P.M. Pacific Standard Time,
easky1@yahoo.com writes:
This is really bad advice. We have to stop guessing on this
listserve. The statute cited would protect the debtor if the debtor
stayed out of bankruptcy. Once the debtor files, the debtor hands the
license to the trustee, it will be property of the estate and will be
sold If there is not an exemption to protect it.
If the debtor does not file, the license is not subject to
enforcement.
Dennis McGoldrick 350 S. Crenshaw Bl., #A207B Torrance, CA 90503
On Feb 28, 2010, at 8:33 AM, robert90701@aol.com wrote:
Dear PNN: Try integrating 695.060 with 701.010. It is worth a
try. Let us know if you are successful. Has anyone used 695.060?
703.010. Except as otherwise provided by statute:
(a) The exemptions provided by this chapter or by any other
statute apply to all procedures for enforcement of a money judgment.
695.060. Except as provided in Section 708.630, a license issued
by
a public entity to engage in any business, profession, or activity
is not subject to enforcement of a money judgment.
GOOD LUCK STARTS WITH A STRATEGY AND A PLAN. FORM A STRATEGIC
ALLIANCE WITH
ROBERT J. SUHAJDA, MS,CPA
17721 NORWALK BLVD. #43
ARTESIA, CA 90701
562-924-8922
INCOME TAX FOR ATTORNEYS, BANKRUPTCY, IRS REPRESENTATION,
FIDUCIARY INCOME TAX RETURNS, ESTATE AND GIFT TAX RETURNS,
TRUST PROTECTOR, INDEPENDENT TRUSTEE, COURT ACCOUNTINGS In a
message dated 2/28/2010 7:26:18 A.M. Pacific Standard Time,
jim@wsrlaw.net writes:
Yes, that would be your only option in a Chapter 7 case. I had a
Chapter 7 debtor a few years ago with a taxi license/franchise which
ended up having a much lower actual value than the client believed.
Philomena Nzegge
com> wrote:
Hello: Prospective client drives a yellow taxi cab, has 80K
unsecured debts. He has a License/Franchise which amongst taxi drivers
could be worth $35k to $50K. Is the wild card exemption my only
option and negotiate with the Trustee to buy back the remainder value?
Thanks.
Philomena N. Nzegge Law Office of Philomena N. Nzegge 3701 Wilshire
Boulevard, Suite 1120 Los Angeles, CA 90010 (213) 739-0650
Links:
[1] mailto:?subjectRe: [cdcbaa] How do you treat a Taxi Cab
License/Franchise
[2] mailto:cdcbaa@yahoogroups.com?subjectRe: [cdcbaa] How do you
treat a Taxi Cab License/Franchise
[3]
The post was migrated from Yahoo.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 28, 2010, at 5:24 PM, robert90701@aol.com wrote:
Dear Members:
Unfortunately not everything is black and white so
Dennis owes us answers to the following questions.
Why are you assuming you can make this demand?
Dennis, answer "Yes" or "No" to the following questions for our benefit.
No
Have you ever heard of stringing code together to bootstrap an exemption?
Are you familiar with Part II, Title 9, Div. 2, Chapter 4, Exemptions, Art. 1 General Provisions of the California CCP?
Does 703.140 say that under Title 11 of the USC "all exemptions provided by this chapter" ...are applicable?
And does "this chapter" refer to "Chapter 4 Exemptions" in the CCP?
Is 703.010 and 703.140 included in Chapter 4 above?
Does 703.010 say "exemptions ... provided by any other statute"
And would 695.060 be included in "any other statute"?
No, this is not an exemption. It is an exception to execution.
And does 695.060 pertain to a taxi license?
Can you cite to any case law to support your allegation? If Yes
Can you cite to any authority to support your allegation? If Yes please state it.
Good Luck starts with a strategy and a plan. Form a strategic alliance with
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Income Tax for Attorneys, Bankruptcy, IRS representation,
Fiduciary income tax returns, Estate and Gift tax returns,
Trust Protector, Independent Trustee, Court Accountings
In a message dated 2/28/2010 3:10:48 P.M. Pacific Standard Time, easky1@yahoo.com writes:
This is really bad advice. We have to stop guessing on this listserve. The statute cited would protect the debtor if the debtor stayed out of bankruptcy. Once the debtor files, the debtor hands the license to the trustee, it will be property of the estate and will be sold
If there is not an exemption to protect it.
If the debtor does not file, the license is not subject to enforcement.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 28, 2010, at 8:33 AM, robert90701@aol.com wrote:
Dear PNN:
Try integrating 695.060 with 701.010. It is worth a try. Let us know if you are successful.
Has anyone used 695.060?
703.010. Except as otherwise provided by statute:
(a) The exemptions provided by this chapter or by any other
statute apply to all procedures for enforcement of a money judgment.
695.060. Except as provided in Section 708.630, a license issued by
a public entity to engage in any business, profession, or activity
is not subject to enforcement of a money judgment.
Good Luck starts with a strategy and a plan. Form a strategic alliance with
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Income Tax for Attorneys, Bankruptcy, IRS representation,
Fiduciary income tax returns, Estate and Gift tax returns,
Trust Protector, Independent Trustee, Court Accountings
In a message dated 2/28/2010 7:26:18 A.M. Pacific Standard Time, jim@wsrlaw.net writes:
Yes, that would be your only option in a Chapter 7 case. I had a Chapter 7 debtor a few years ago with a taxi license/franchise which ended up having a much lower actual value than the client believed.
Philomena Nzegge wrote:
Hello:
Prospective client drives a yellow taxi cab, has 80K unsecured debts. He has a License/Franchise which amongst taxi drivers could be worth $35k to $50K. Is the wild card exemption my only option and negotiate with the Trustee to buy back the remainder value?
Thanks.
Philomena N. Nzegge
Law Office of Philomena N. Nzegge
3701 Wilshire Boulevard, Suite 1120
Los Angeles, CA 90010
(213) 739-0650
Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On Feb 28, 2010, at 5:24 PM, robert90701@aol.com wrote:
Dear Members:
Unfortunately not everything is black and
white so
Dennis owes us answers to the
following questions.Why are you assuming you can make this demand?
The post was migrated from Yahoo.
Dear Members:
Unfortunately not everything is black and white so
Dennis owes us answers to the following questions.
Dennis, answer "Yes" or "No" to the following questions for our benefit.Have you ever heard of stringing code together to bootstrap an exemption?Are you familiar with Part II, Title 9, Div. 2, Chapter 4, Exemptions,
Art. 1 General Provisions of the California CCP?
Does 703.140 say that under Title 11 of the USC "all exemptions provided
by this chapter" ...are applicable?
And does "this chapter" refer to "Chapter 4 Exemptions" in the CCP?
Is 703.010 and 703.140 included in Chapter 4 above?
Does 703.010 say "exemptions ... provided by any other statute" And would 695.060 be included in "any other statute"?
And does 695.060 pertain to a taxi license?
Can you cite to any case law to support your allegation? If Yesplease state it.
Can you cite to any authority to support your allegation? If Yes
please state it.
Good Luck starts with a strategy and a plan. Form a strategic alliance
with
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Income Tax for Attorneys, Bankruptcy, IRS representation,
Fiduciary income tax returns, Estate and Gift tax returns,
Trust Protector, Independent Trustee, Court Accountings
In a message dated 2/28/2010 3:10:48 P.M. Pacific Standard Time,
easky1@yahoo.com writes:
This is really bad advice. We have to stop guessing on this listserve. The statute cited would protect the debtor if the debtor stayed out of
bankruptcy. Once the debtor files, the debtor hands the license to the trustee,
it will be property of the estate and will be sold
If there is not an exemption to protect it.
If the debtor does not file, the license is not subject to enforcement.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 28, 2010, at 8:33 AM, _robert90701@robert9_
(mailto:robert90701@aol.com) wrote:
Dear PNN:
Try integrating 695.060 with 701.010. It is worth a try. Let us know ifyou are successful.
Has anyone used 695.060?
703.010. Except as otherwise provided by statute:
(a) The exemptions provided by this chapter or by any other
statute apply to all procedures for enforcement of a money judgment.
695.060. Except as provided in Section 708.630, a license issued by
a public entity to engage in any business, profession, or activity
is not subject to enforcement of a money judgment.
Good Luck starts with a strategy and a plan. Form a strategic alliance
with
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Income Tax for Attorneys, Bankruptcy, IRS representation,
Fiduciary income tax returns, Estate and Gift tax returns,
Trust Protector, Independent Trustee, Court Accountings
In a message dated 2/28/2010 7:26:18 A.M. Pacific Standard Time,
_jim@wsrlaw.net_ (mailto:jim@wsrlaw.net) writes:
Yes, that would be your only option in a Chapter 7 case. I had a Chapter 7debtor a few years ago with a taxi license/franchise which ended up having a
much lower actual value than the client believed.
Philomena Nzegge wrote:
Hello:
Prospective client drives a yellow taxi cab, has 80K unsecured debts. He
has a License/Franchise which amongst taxi drivers could be worth $35k to$50K. Is the wild card exemption my only option and negotiate with the
Trustee to buy back the remainder value?
Thanks.
Philomena N. Nzegge
Law Office of Philomena N. Nzegge
3701 Wilshire Boulevard, Suite 1120
Los Angeles, CA 90010
(213) 739-0650
Dear Members:
Unfortunately not everything is black and
white so
Dennis owes us answers to the
following questions.
Dennis, answer "Yes" or "No" to the
following questions for our benefit.
Have you ever heard of stringing code
together to bootstrap an exemption?
Are you familiar with Part II, Title 9, Div. 2, Chapter 4,
Exemptions, Art. 1 General Provisions of the
California CCP?
Does 703.140 say that under Title 11 of
the USC "all exemptions provided by this chapter" ...are
applicable?
And does "this chapter" refer to
"Chapter 4 Exemptions" in the CCP?
Is 703.010 and 703.140 included in Chapter
4 above?
Does 703.010 say "exemptions ...
provided by any other statute"
And would 695.060 be included
in "any other statute"?
And does 695.060 pertain to a taxi
license?
Can you cite to any case law to support
your allegation? If please state it.
Can you cite to any authority to support
your allegation? If Yes please state it.
Good Luck starts with a strategy and a plan. Form a strategic alliance with
Robert J. Suhajda,
MS,CPA
17721 Norwalk Blvd.
#43
Artesia, CA 90701
562-924-8922
Income Tax for Attorneys, Bankruptcy, IRS representation,
Fiduciary income tax returns, Estate and Gift tax
returns,
Trust Protector, Independent Trustee, Court
Accountings
In a message dated 2/28/2010 3:10:48 P.M. Pacific Standard Time,
easky1@yahoo.com writes:
This is really bad advice. We have to stop guessing on this
listserve. The statute cited would protect the debtor if the debtor stayed out of bankruptcy. Once the debtor files, the debtor hands the
license to the trustee, it will be property of the estate and will be
sold
If there is not an exemption to protect it.
If the debtor does not file, the license is not subject to
enforcement.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 28, 2010, at 8:33 AM, robert90701@aol.com
wrote:
The post was migrated from Yahoo.
This is really bad advice. We have to stop guessing on this listserve. The statute cited would protect the debtor if the debtor stayed out of bankruptcy. Once the debtor files, the debtor hands the license to the trustee, it will be property of the estate and will be sold
If there is not an exemption to protect it.
If the debtor does not file, the license is not subject to enforcement.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 28, 2010, at 8:33 AM, robert90701@aol.com wrote:
Dear PNN:
Try integrating 695.060 with 701.010. It is worth a try. Let us know if you are successful.
Has anyone used 695.060?
703.010. Except as otherwise provided by statute:
(a) The exemptions provided by this chapter or by any other
statute apply to all procedures for enforcement of a money judgment.
695.060. Except as provided in Section 708.630, a license issued by
a public entity to engage in any business, profession, or activity
is not subject to enforcement of a money judgment.
Good Luck starts with a strategy and a plan. Form a strategic alliance with
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Income Tax for Attorneys, Bankruptcy, IRS representation,
Fiduciary income tax returns, Estate and Gift tax returns,
Trust Protector, Independent Trustee, Court Accountings
In a message dated 2/28/2010 7:26:18 A.M. Pacific Standard Time, jim@wsrlaw.net writes:
Yes, that would be your only option in a Chapter 7 case. I had a Chapter 7 debtor a few years ago with a taxi license/franchise which ended up having a much lower actual value than the client believed.
Philomena Nzegge wrote:
Hello:
Prospective client drives a yellow taxi cab, has 80K unsecured debts. He has a License/Franchise which amongst taxi drivers could be worth $35k to $50K. Is the wild card exemption my only option and negotiate with the Trustee to buy back the remainder value?
Thanks.
Philomena N. Nzegge
Law Office of Philomena N. Nzegge
3701 Wilshire Boulevard, Suite 1120
Los Angeles, CA 90010
(213) 739-0650
This is really bad advice. We have to stop guessing on this listserve. The statute cited would protect the debtor if the debtor stayed out of bankruptcy. Once the debtor files, the debtor hands the license to the trustee, it will be property of the estate and will be sold If there is not an exemption to protect it.If the debtor does not file, the license is not subject to enforcement. Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On Feb 28, 2010, at 8:33 AM, robert90701@aol.com wrote:
Dear PNN:
Try integrating 695.060 with 701.010. It is worth a
try. Let us know if you are successful.
Has anyone used 695.060?
703.010.
Except as otherwise provided by statute:
(a) The exemptions provided by this chapter or by any otherstatute apply to all procedures for enforcement of a money judgment. 695.060. Except as provided in Section 708.630, a license issued bya public entity to engage in any business, profession, or activityis not subject to enforcement of a money judgment.
Good Luck starts with a strategy and a plan. Form a strategic alliance with
Robert J. Suhajda,
MS,CPA
17721 Norwalk Blvd.
#43
Artesia, CA 90701
562-924-8922
Income Tax for Attorneys, Bankruptcy, IRS representation,
Fiduciary income tax returns, Estate and Gift tax
returns,
Trust Protector, Independent Trustee, Court
Accountings
In a message dated 2/28/2010 7:26:18 A.M. Pacific Standard Time,
jim@wsrlaw.net writes:
Yes, that would be your only option in a Chapter 7 case. I had a Chapter 7 debtor a few years ago with a taxi license/franchise which ended up having a much lower actual value than the client believed.
Philomena Nzegge <pnnzegge@yahoo.com> wrote:
Hello:
Prospective client drives a yellow taxi cab, has 80K unsecured
debts. He has a License/Franchise which amongst taxi drivers could be
worth $35k to $50K. Is the wild card exemption my only
option and negotiate with the Trustee to buy back the remainder
value?
Thanks.
Philomena N. Nzegge
Law Office of Philomena N. Nzegge
3701 Wilshire Boulevard, Suite 1120
Los Angeles, CA 90010
(213) 739-0650
The post was migrated from Yahoo.