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Community Property Interest in Pre-Marriage PI Case?
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It depends on what she has done with it. If she has comingled it or
otherwise transmuted it, it may be community property. If she has it in
account with only her name on it or purchased something with it in her name
alone, then it is still separate.
Patrick T. Green
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
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Opps, sorry I misread your questions as pre-filing date, not pre-marriage. I think I'm over worked at this point.
Tyson Takeuchi wrote:
Hi everyone,
Wife has a pre-marriage personaly injury case,(i.e., claim and
settlement arose before marriage). Husband ALONE file Chapter 7
bankruptcy case. Does Husband (and CH. 7 Trustee) have any interest in
the settlement proceeds, (aprox. $80,000)?
Thanks,
Ty Takeuchi
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Nope
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.
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The answer may depend on whether the settlement is for lost employment income (community property) versus personal injury (arguably person to the non-debtor; not sure on this part).
Tyson Takeuchi wrote:
Hi everyone,
Wife has a pre-marriage personaly injury case,(i.e., claim and
settlement arose before marriage). Husband ALONE file Chapter 7
bankruptcy case. Does Husband (and CH. 7 Trustee) have any interest in
the settlement proceeds, (aprox. $80,000)?
Thanks,
Ty Takeuchi
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The answer may depend on whether the settlement is for lost employment income (community property) versus personal injury (arguably person to the non-debtor; not sure on this part).Tyson Takeuchi <armen@tysonfirm.com> wrote: Hi everyone,Wife has a pre-marriage personaly injury case,(i.e., claim and settlement arose before marriage). Husband ALONE file Chapter 7 bankruptcy case. Does Husband (and CH. 7 Trustee) have any interest in the settlement proceeds, (aprox. $80,000)?Thanks,Ty
Takeuchi
Never miss a thing. Make Yahoo your homepage.
The post was migrated from Yahoo.
Hi everyone,
Wife has a pre-marriage personaly injury case,(i.e., claim and
settlement arose before marriage). Husband ALONE file Chapter 7
bankruptcy case. Does Husband (and CH. 7 Trustee) have any interest in
the settlement proceeds, (aprox. $80,000)?
Thanks,
Ty Takeuchi
The post was migrated from Yahoo.