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homestead/disability exemption
Mark:
My guess is you need the higher homestead to protect a
home. Treat this like any other home issue and make
her get three opinions.
The doctor who is writing one month letters is
obviously conservative, there are plenty of doctors
out there, but you need an opinion which states she
cannot make the $'s in the statute. She has to be
pretty disabled.
dennis
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Do any of you have experience showing proof of a debtor's disability in order to take the higher homestead exemption under 704.730 in a situation where the debtor does NOT receive and/or qualify for governmental disability payments?
I have a case where the debtor's wife is disabled and unable to maintain gainful employment, but all she can get is a doctor's note saying she cannot work for one month. Each month, he "renews" that letter (or at least has so far).
The case law I've read basically says that she only has to be so disabled as of the petition filing date, but I suspect there would be a problem if we filed the case on August 1 (and the doctor's letter said she could not work until after August 1), and then on August 2 she is potentially able to look for/find employment.
Anyone deal with this before?
***********************************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173
(818)509-1460 (fax)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
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Do any of you have experience showing proof of a
debtor's disability in order to take the higher homestead exemption under
704.730 in a situation where the debtor does NOT receive and/or qualify forgovernmental disability payments?
I have a case where the debtor's wife is disabled
and unable to maintain gainful employment, but all she can get is a doctor's
note saying she cannot work for one month. Each month, he "renews" that
letter (or at least has so far).
The case law I've read basically says that she only
has to be so disabled as of the petition filing date, but I suspect there would
be a problem if we filed the case on August 1 (and the doctor's letter said she
could not work until after August 1), and then on August 2 she is potentially
able to look for/find employment.
Anyone deal with this before?
***********************************************Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb:
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