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Issues with Potential Chap 7 filing
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Answers:
1. Always something
2. Yes
3. Depends on estate plan
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.
Delmas
Sent: Tuesday, August 03, 2010 1:50 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Issues with Potential Chap 7 filing
I have a widowed spouse who wants to file a no-asset Chap 7. Her husband,
who died in 2008, filed BK in 1994 and recieved a discharge in 1995. She was
a joint debtor in that Chap 7. However, the trustee from the 94 filing
re-opened the case prior to the husband's death in order to adminster a
previously undisclosed asset. Apparently, in 2004, the husband became aware
of a class action suit in which he filed a claim as a class action
plaintiff. As part of the class action, he was to receive 110k as part of
the settlement. The 94 trustee wants to pay the approximately 50K in claims
that were filed.
1. Are there any potential issues that might arise for my client in her Chap
7?
2. Is the potentially remaining 50k an asset that I need to disclose in the
wife's Chap 7?
3. Can the daughters make a claim for the remaining 50k if the wife disavows
any intrest in the asset?
Any input will be greatly appreciated.
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Message
Answers:
1. Always
something
2.
Yes
3. Depends on estate
plan
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
She's got about 95K in unsecured debt. And I will be in touch with you.
>
> What is the total amount of the widow's unsecured debt?
>
>
>
> 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@...
>
>
>
>
>
> Delmas
> Sent: Tuesday, August 03, 2010 1:50 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Issues with Potential Chap 7 filing
>
>
>
>
>
> I have a widowed spouse who wants to file a no-asset Chap 7. Her husband,
> who died in 2008, filed BK in 1994 and recieved a discharge in 1995. She was
> a joint debtor in that Chap 7. However, the trustee from the 94 filing
> re-opened the case prior to the husband's death in order to adminster a
> previously undisclosed asset. Apparently, in 2004, the husband became aware
> of a class action suit in which he filed a claim as a class action
> plaintiff. As part of the class action, he was to receive 110k as part of
> the settlement. The 94 trustee wants to pay the approximately 50K in claims
> that were filed.
>
> 1. Are there any potential issues that might arise for my client in her Chap
> 7?
> 2. Is the potentially remaining 50k an asset that I need to disclose in the
> wife's Chap 7?
> 3. Can the daughters make a claim for the remaining 50k if the wife disavows
> any intrest in the asset?
>
> Any input will be greatly appreciated.
>
The post was migrated from Yahoo.
The potential $50k or smaller balance left over after administration
from the prior case belongs to whomever is entitled to inherit it.
Was there a will designating beneficiaries? Community property
generally belongs to the wife. If it was Husband's separate property
and no will, it goes through intestate succession to be divided 1/3 to
wife and the balance to the daughters. Widow cannot disclaim her
interest anymore since way too much time expired if husband died in
2008.
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 Tue 3/08/10 1:49 PM , "Delmas" dawood3@aol.com sent:
I have a widowed spouse who wants to file a no-asset Chap 7. Her
husband, who died in 2008, filed BK in 1994 and recieved a discharge
in 1995. She was a joint debtor in that Chap 7. However, the trustee
from the 94 filing re-opened the case prior to the husband's death in
order to adminster a previously undisclosed asset. Apparently, in
2004, the husband became aware of a class action suit in which he
filed a claim as a class action plaintiff. As part of the class
action, he was to receive 110k as part of the settlement. The 94
trustee wants to pay the approximately 50K in claims that were filed.
1. Are there any potential issues that might arise for my client in
her Chap 7?
2. Is the potentially remaining 50k an asset that I need to disclose
in the wife's Chap 7?
3. Can the daughters make a claim for the remaining 50k if the wife
disavows any intrest in the asset?
Any input will be greatly appreciated.
Links:
[1] mailto:cdcbaa@yahoogroups.com?subjectIssues with Potential Chap
7 filing
[2]
The post was migrated from Yahoo.
What is the total amount of the widow's unsecured debt?
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.
I have a widowed spouse who wants to file a no-asset Chap 7. Her husband, who died in 2008, filed BK in 1994 and recieved a discharge in 1995. She was a joint debtor in that Chap 7. However, the trustee from the 94 filing re-opened the case prior to the husband's death in order to adminster a previously undisclosed asset. Apparently, in 2004, the husband became aware of a class action suit in which he filed a claim as a class action plaintiff. As part of the class action, he was to receive 110k as part of the settlement. The 94 trustee wants to pay the approximately 50K in claims that were filed.
1. Are there any potential issues that might arise for my client in her Chap 7?
2. Is the potentially remaining 50k an asset that I need to disclose in the wife's Chap 7?
3. Can the daughters make a claim for the remaining 50k if the wife disavows any intrest in the asset?
Any input will be greatly appreciated.
The post was migrated from Yahoo.