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Chap 7
I was assuming that the house was purchased prior to marriage. If purchased
during the marriage, it is community property unless SP funds were used to
purchase it and it was titled as sole and separate property. If separate
funds were used to purchase during the marriage, and title is joint, then
there is the FC 2640 reimbursement claim of the separate property down
payment, but the house is community.
This e-mail transmission and any documents, files, or previous e-mail
messages attached to it, may contain confidential information from the LAW
OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not the
intended recipient, or a person responsible for delivering it to the
intended recipient, you are hereby notified that any disclosure, copying,
distribution or use of any of the information contained in or attached to
this message is STRICTLY PROHIBITED. If you received this transmission in
error, please immediately notify us by reply e-mail, or by telephone at
(805) 446-6262, and destroy the original transmission and its attachments
and all copies of any kind, without reading them or saving them in any way.
Thank you.
Vernon L. Ellicott, Esq.
Certified Family Law Specialist
The State Bar of California Board of Legal Specialization
Law Offices of Vernon L. Ellicott
920 Hampshire Road, Suite 25
Westlake Village, CA 91361
(805)446-6262 Phone
(805)446-6264 Fax
Sent: Tuesday, March 15, 2005 1:19 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Re: Chap 7
Usual presumption in the law is a gift, i.e. no claim.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Sent: Monday, March 14, 2005 5:27 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: Chap 7
> I agree that no community interest is created but can't Trustee
assert a claim for reimbursement of community funds used to make
payments if debtor is arguing she has no interest at all in property
which is in husband's name only ? Thus, technically, it would not
be a " real property interest" to be listed on A but rather as an "
entitlement to a claim" on B.
>
>
>
> Of course in situations like these, most lawyers would just list
it on "A" just to show the Trustee that full disclosure is being
made.
>
>
>
> ________________________________
>
> Sent: Saturday, March 12, 2005 12:00 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Chap 7
>
>
>
> With all due respect to others, fact that community property
income may be used to make house payments does NOT create community
interest in property. Instead, community has right of reimbursement
claim.
>
>
>
>
>
> David A. Tilem
>
> Certified Bankruptcy Specialist*
>
> Law Offices of David A. Tilem
>
> 500 N. Brand Blvd., #460, Glendale, CA 91203
>
> Tel: 818-507-6000 Fax: 818-507-6800
>
>
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
>
> Business bankruptcy specialist cert. by Amer. Bd. of
Certification
>
>
>
>
>
>
>
> -----Original Message-----
> Sent: Thursday, March 10, 2005 4:26 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Chap 7
>
> I don't see how you can simply state that "debtor claims no
interest in H's house" on Schedule A.
>
>
>
> If H's or wife's income (or both) has been used to make monthly
mortgage payments since house was purchased, W undoubtedly has a
community property claim which you need to disclose on A (even
though only husband is on title and loan).
>
>
>
> Wouldn't the $75K homestead exemption be sufficient, though, to
cover the equity in the property in a Ch 7? If not, consider filing
a Ch 13 instead.
>
>
>
> ________________________________
>
> Sent: Thursday, March 10, 2005 3:57 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Chap 7
>
>
>
> Debtor is married. Husband filed Chap 7 in 2001 while married
> without wife. Now wife is filing. In May 2004 post his
bankruptcy H
> purchased a house for 228,500 nothing down 100% financing. Wife
is
> not on title or the loan. House has fmv of 300,000 now.
>
>
> I am leery about not disclosing that husband has house. Probably
> there is a community property claim. Do not want aggressive trustee
> (this will be filed in LA) claiming failure to disclose interest
in
> property. Just went through a motion to dismiss in SB and want to
> avoid at all costs. However, I do not want to open a can of worms
by
> opening my big mouth
>
>
> I am considering setting out the facts on schedule A with a
statement
> that debtor claims no interest in H's house.
>
> Any thoughts appreciated.
>
> David Candaux
>
>
>
>
>
>
>
>
>
>
>
>
> Yahoo! Groups Sponsor
>
> ADVERTISEMENT
> click here
The post was migrated from Yahoo.
Not in family law or community property law in CA. See Marriage of Rico
(1992) 10 CA4th 706 Moore/Marsden up until property goes into Jt title, then
FC 2640 reimbursement claim for the SP interest, for example.
This e-mail transmission and any documents, files, or previous e-mail
messages attached to it, may contain confidential information from the LAW
OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not the
intended recipient, or a person responsible for delivering it to the
intended recipient, you are hereby notified that any disclosure, copying,
distribution or use of any of the information contained in or attached to
this message is STRICTLY PROHIBITED. If you received this transmission in
error, please immediately notify us by reply e-mail, or by telephone at
(805) 446-6262, and destroy the original transmission and its attachments
and all copies of any kind, without reading them or saving them in any way.
Thank you.
Vernon L. Ellicott, Esq.
Certified Family Law Specialist
The State Bar of California Board of Legal Specialization
Law Offices of Vernon L. Ellicott
920 Hampshire Road, Suite 25
Westlake Village, CA 91361
(805)446-6262 Phone
(805)446-6264 Fax
Sent: Tuesday, March 15, 2005 1:19 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Re: Chap 7
Usual presumption in the law is a gift, i.e. no claim.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Sent: Monday, March 14, 2005 5:27 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: Chap 7
> I agree that no community interest is created but can't Trustee
assert a claim for reimbursement of community funds used to make
payments if debtor is arguing she has no interest at all in property
which is in husband's name only ? Thus, technically, it would not
be a " real property interest" to be listed on A but rather as an "
entitlement to a claim" on B.
>
>
>
> Of course in situations like these, most lawyers would just list
it on "A" just to show the Trustee that full disclosure is being
made.
>
>
>
> ________________________________
>
> Sent: Saturday, March 12, 2005 12:00 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Chap 7
>
>
>
> With all due respect to others, fact that community property
income may be used to make house payments does NOT create community
interest in property. Instead, community has right of reimbursement
claim.
>
>
>
>
>
> David A. Tilem
>
> Certified Bankruptcy Specialist*
>
> Law Offices of David A. Tilem
>
> 500 N. Brand Blvd., #460, Glendale, CA 91203
>
> Tel: 818-507-6000 Fax: 818-507-6800
>
>
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
>
> Business bankruptcy specialist cert. by Amer. Bd. of
Certification
>
>
>
>
>
>
>
> -----Original Message-----
> Sent: Thursday, March 10, 2005 4:26 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Chap 7
>
> I don't see how you can simply state that "debtor claims no
interest in H's house" on Schedule A.
>
>
>
> If H's or wife's income (or both) has been used to make monthly
mortgage payments since house was purchased, W undoubtedly has a
community property claim which you need to disclose on A (even
though only husband is on title and loan).
>
>
>
> Wouldn't the $75K homestead exemption be sufficient, though, to
cover the equity in the property in a Ch 7? If not, consider filing
a Ch 13 instead.
>
>
>
> ________________________________
>
> Sent: Thursday, March 10, 2005 3:57 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Chap 7
>
>
>
> Debtor is married. Husband filed Chap 7 in 2001 while married
> without wife. Now wife is filing. In May 2004 post his
bankruptcy H
> purchased a house for 228,500 nothing down 100% financing. Wife
is
> not on title or the loan. House has fmv of 300,000 now.
>
>
> I am leery about not disclosing that husband has house. Probably
> there is a community property claim. Do not want aggressive trustee
> (this will be filed in LA) claiming failure to disclose interest
in
> property. Just went through a motion to dismiss in SB and want to
> avoid at all costs. However, I do not want to open a can of worms
by
> opening my big mouth
>
>
> I am considering setting out the facts on schedule A with a
statement
> that debtor claims no interest in H's house.
>
> Any thoughts appreciated.
>
> David Candaux
>
>
>
>
>
>
>
>
>
>
>
>
> Yahoo! Groups Sponsor
>
> ADVERTISEMENT
> click here
The post was migrated from Yahoo.
> I agree that no community interest is created but can't Trustee
assert a claim for reimbursement of community funds used to make
payments if debtor is arguing she has no interest at all in property
which is in husband's name only ? Thus, technically, it would not
be a " real property interest" to be listed on A but rather as an "
entitlement to a claim" on B.
>
>
>
> Of course in situations like these, most lawyers would just list
it on "A" just to show the Trustee that full disclosure is being
made.
>
>
>
> ________________________________
>
> Sent: Saturday, March 12, 2005 12:00 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Chap 7
>
>
>
> With all due respect to others, fact that community property
income may be used to make house payments does NOT create community
interest in property. Instead, community has right of reimbursement
claim.
>
>
>
>
>
> David A. Tilem
>
> Certified Bankruptcy Specialist*
>
> Law Offices of David A. Tilem
>
> 500 N. Brand Blvd., #460, Glendale, CA 91203
>
> Tel: 818-507-6000 Fax: 818-507-6800
>
>
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
>
> Business bankruptcy specialist cert. by Amer. Bd. of
Certification
>
>
>
>
>
>
>
> -----Original Message-----
> Sent: Thursday, March 10, 2005 4:26 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Chap 7
>
> I don't see how you can simply state that "debtor claims no
interest in H's house" on Schedule A.
>
>
>
> If H's or wife's income (or both) has been used to make monthly
mortgage payments since house was purchased, W undoubtedly has a
community property claim which you need to disclose on A (even
though only husband is on title and loan).
>
>
>
> Wouldn't the $75K homestead exemption be sufficient, though, to
cover the equity in the property in a Ch 7? If not, consider filing
a Ch 13 instead.
>
>
>
> ________________________________
>
> Sent: Thursday, March 10, 2005 3:57 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Chap 7
>
>
>
> Debtor is married. Husband filed Chap 7 in 2001 while married
> without wife. Now wife is filing. In May 2004 post his
bankruptcy H
> purchased a house for 228,500 nothing down 100% financing. Wife
is
> not on title or the loan. House has fmv of 300,000 now.
>
>
> I am leery about not disclosing that husband has house. Probably
> there is a community property claim. Do not want aggressive trustee
> (this will be filed in LA) claiming failure to disclose interest
in
> property. Just went through a motion to dismiss in SB and want to
> avoid at all costs. However, I do not want to open a can of worms
by
> opening my big mouth
>
>
> I am considering setting out the facts on schedule A with a
statement
> that debtor claims no interest in H's house.
>
> Any thoughts appreciated.
>
> David Candaux
>
>
>
>
>
>
>
>
>
>
>
>
> Yahoo! Groups Sponsor
>
> ADVERTISEMENT
> click here
The post was migrated from Yahoo.
charset="windows-1251"
I agree that no community interest is created but cant Trustee assert a claim for reimbursement of community funds used to make payments if debtor is arguing she has no interest at all in property which is in husbands name only ? Thus, technically, it would not be a real property interest to be listed on A but rather as an entitlement to a claim on B.
Of course in situations like these, most lawyers would just list it on A
________________________________
The post was migrated from Yahoo.
I would fully disclose of the house and the debtor is not on title but make a
homestead claim of exception base on her community interest in the house.
Debtor is married. Husband filed Chap 7 in 2001 while married
without wife. Now wife is filing. In May 2004 post his bankruptcy H
purchased a house for 228,500 nothing down 100% financing. Wife is
not on title or the loan. House has fmv of 300,000 now.
I am leery about not disclosing that husband has house. Probably
there is a community property claim. Do not want aggressive trustee
(this will be filed in LA) claiming failure to disclose interest in
property. Just went through a motion to dismiss in SB and want to
avoid at all costs. However, I do not want to open a can of worms by
opening my big mouth
I am considering setting out the facts on schedule A with a statement
that debtor claims no interest in H's house.
Any thoughts appreciated.
David Candaux
I would fully disclose of the house and the debtor is not on title but make a homestead claim of exception base on her community interest in the house.
Debtor is married. Husband filed Chap 7 in 2001 while married without wife. Now wife is filing. In May 2004 post his bankruptcy H purchased a house for 228,500 nothing down 100% financing. Wife is not on title or the loan. House has fmv of 300,000 now. I am leery about not disclosing that husband has house. Probably there is a community property claim. Do not want aggressive trustee(this will be filed in LA) claiming failure to disclose interest in property. Just went through a motion to dismiss in SB and want to avoid at all costs. However, I do not want to open a can of worms by opening my big mouthI am considering setting out the facts on schedule A with a statement that debtor claims no interest in H's house.Any thoughts appreciated.David Candaux
The post was migrated from Yahoo.
I don't see how you can simply state that "debtor claims no interest in
H's house" on Schedule A.
If H's or wife's income (or both) has been used to make monthly mortgage
payments since house was purchased, W undoubtedly has a community
property claim which you need to disclose on A (even though only husband
is on title and loan).
Wouldn't the $75K homestead exemption be sufficient, though, to cover
the equity in the property in a Ch 7? If not, consider filing a Ch 13
instead.
________________________________
The post was migrated from Yahoo.
Debtor is married. Husband filed Chap 7 in 2001 while married
without wife. Now wife is filing. In May 2004 post his bankruptcy H
purchased a house for 228,500 nothing down 100% financing. Wife is
not on title or the loan. House has fmv of 300,000 now.
I am leery about not disclosing that husband has house. Probably
there is a community property claim. Do not want aggressive trustee
(this will be filed in LA) claiming failure to disclose interest in
property. Just went through a motion to dismiss in SB and want to
avoid at all costs. However, I do not want to open a can of worms by
opening my big mouth
I am considering setting out the facts on schedule A with a statement
that debtor claims no interest in H's house.
Any thoughts appreciated.
David Candaux
The post was migrated from Yahoo.