.jpg)
Real Property/Divorce question
charset="windows-1251"
MessageI am surprised by this. Thanks. C
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Thursday, June 23, 2005 1:02 PM
Subject: RE: [cdcbaa] Real Property/Divorce question
Nothing in the law says that children can't own real property.
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-----
Mark J Markus
Sent: Thursday, June 23, 2005 12:41 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Real Property/Divorce question
Right, but then WHO owns the property?
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Thursday, June 23, 2005 10:22 AM
Subject: RE: [cdcbaa] Real Property/Divorce question
Hey, this resopnse triggered another thought. Contracts with minors are not enforceable. Tell them to go pound sand.
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-----
Of mitnicklaw@aol.com
Sent: Wednesday, June 22, 2005 4:03 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Real Property/Divorce question
OK -- What lender made a loan to the minor kids ??? (Sounds quite suspicious to me.)
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
Yahoo! Groups Links
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The post was migrated from Yahoo.
Hi Ty: I don't know your email address so I am piggybacking my response, to
your call, on this message.
Thanks for your referral of Dana Bruce. He did call me. Thanks again,
Carolyn
To:
Sent: Wednesday, June 22, 2005 6:23 PM
Subject: RE: [cdcbaa] Real Property/Divorce question
> Mark,
> Seek relief from stay, (non bankruptcy forum). I have a sample if you
want
> one.
> Ty Takeuchi
>
> >Reply-To: cdcbaa@yahoogroups.com
> >To:
> >Subject: RE: [cdcbaa] Real Property/Divorce question
> >Date: Wed, 22 Jun 2005 16:43:48 -0700
> >
> >This is a mess. Most straightforward way to go is to file a decl relief
> >action in the bankruptcy court to determine nature of estate's right,
> >title and interest. Answer should be: it's community property and
> >estate gets it all. Don't know whether this affects the proposed plan.
> >After Ch 13 is over, or during Ch 13 with relief from stay, the family
> >law court can divide it.
> >
> >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-----
> >Of Mark J Markus
> >Sent: Wednesday, June 22, 2005 3:57 PM
> >To: cdcbaa@yahoogroups.com
> >Cc: BK Roundtable
> >Subject: [cdcbaa] Real Property/Divorce question
> >
> >
> >Here are the facts as best as I just got them described to me:
> >
> >H&W are either divorced or in the process of being divorced, but the
> >property settlement has not been completed. W files a Ch. 13 case.
> >
> >Apparently their residence was purchased during the marriage and taken,
> >inappropriately, in the names of their minor children. The mortgage
> >loans were also taken in the names of the minor children. W has been
> >paying the mortgage.
> >
> >H calls me to ask what he can do in the BK case to be sure he is able to
> >keep his share of the proceeds of the house pursuant to whatever the
> >family law court ultimately rules (which would probably be his 50% C/P
> >share.
> >
> >Is this as complicated as it sounds? Can we/must we/should we get
> >relief from stay to allow the family law court to do a quiet title
> >action on the property to determine who really owns it? (I haven't yet
> >checked to see if W even scheduled the property on her BK petition).
> >
> >Are there other ways for H to protect himself?
> >
> >***********************************************
> >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/
> >************************************************
> >Confidentiality Note: This e-mail is intended only for the person or
> >entity to which it is addressed and may contain information that is
> >privileged,
> >confidential, or otherwise protected from disclosure. Dissemination,
> >distribution, or copying of this e-mail or the information herein by
> >anyone
> >other than the intended recipient, or an employee or agent responsible
> >for
> >delivering the message to the intended recipient, is prohibited. If you
> >have received this e-mail in error, please notify us immediately at
> >(818)
> >509-1173 or e-mail us at bklawr@bklaw.com and destroy the
> >original message and all copies.
> >
> >
> >
> > _____
> >
> >Yahoo! Groups Links
> >
> >
> >* To visit your group on the web, go to:
> >http://groups.yahoo.com/group/cdcbaa/
> >
> >
> >* To unsubscribe from this group, send an email to:
> >cdcbaa-unsubscribe@yahoogroups.com
> >
> >
> >
> >* Your use of Yahoo! Groups is subject to the Yahoo! Terms of
> >Service .
> >
> >
>
>
>
>
>
>
>
> Yahoo! Groups Links
>
>
>
>
>
>
>
The post was migrated from Yahoo.
either way, it sounds very familiar...did the husband ever make a mortgage payment?
but, the relief from stay back into the family court would be the only way to go...
Sent: Wed 6/22/2005 6:35 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Real Property/Divorce question
Mark,
If your retained to represent Husbands interest, Seek relief from stay, file
request for special notice, help husband file any proof of claim(s) if
applicable, objection to confirmation, and attend 341(a) Meeting. Make itquite uncomfortable for W. Make her think twice about pursuing Ch. 13.
Ty Takeuchi
>Reply-To: cdcbaa@yahoogroups.com
>To:
>CC: "BK Roundtable"
>Subject: [cdcbaa] Real Property/Divorce question
>Date: Wed, 22 Jun 2005 15:57:27 -0700
>
>Here are the facts as best as I just got them described to me:
>
>H&W are either divorced or in the process of being divorced, but the
>property settlement has not been completed. W files a Ch. 13 case.
>
>Apparently their residence was purchased during the marriage and taken,
>inappropriately, in the names of their minor children. The mortgage loans>were also taken in the names of the minor children. W has been paying the>mortgage.
>
>H calls me to ask what he can do in the BK case to be sure he is able to
>keep his share of the proceeds of the house pursuant to whatever the family
>law court ultimately rules (which would probably be his 50% C/P share.
>
>Is this as complicated as it sounds? Can we/must we/should we get relief>from stay to allow the family law court to do a quiet title action on the>property to determine who really owns it? (I haven't yet checked to see if
>W even scheduled the property on her BK petition).
>
>Are there other ways for H to protect himself?
>
>***********************************************
>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/
>************************************************
>Confidentiality Note: This e-mail is intended only for the person or
>entity to which it is addressed and may contain information that is
>privileged,
>confidential, or otherwise protected from disclosure. Dissemination,
>distribution, or copying of this e-mail or the information herein by anyone
>other than the intended recipient, or an employee or agent responsible for
>delivering the message to the intended recipient, is prohibited. If you
>have received this e-mail in error, please notify us immediately at (818)
>509-1173 or e-mail us at bklawr@bklaw.com and destroy the
>original message and all copies.
>
________________________________
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* To visit your group on the web, go to:
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Message
Right, but then WHO owns the property?
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Thursday, June 23, 2005 10:22 AM
Subject: RE: [cdcbaa] Real Property/Divorce question
Hey, this resopnse triggered another thought. Contracts with minors are not enforceable. Tell them to go pound sand.
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-----
mitnicklaw@aol.com
Sent: Wednesday, June 22, 2005 4:03 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Real Property/Divorce question
OK -- What lender made a loan to the minor kids ??? (Sounds quite suspicious to me.)
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
Yahoo! Groups Links
a.. To visit your group on the web, go to:
http://groups.yahoo.com/group/cdcbaa/
b.. To unsubscribe from this group, send an email to:
cdcbaa-unsubscribe@yahoogroups.com
c.. Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
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Message
The post was migrated from Yahoo.
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To follow up on Davids thought, contracts with minors can be enforceable if
for necessaries or if not disaffirmed; however, per Family Code 6701(b)
minor cannot [m]ake a contract relating to real property or any interest
therein. They may however hold real property. Since if this is a 100%
plan, it seems that the debtors (or their children) own the property
unencumbered. The minors may need to disaffirm the note, but a deed of
trust is void ab initio. I would think the couple would want to eventually
get declaratory relief in state court as to the debt and TD being
void/extinguished. The lender will counter that one of the principles of
equity is that the law abhors a forfeiture
Pat
Patrick T. Green, Esq.
Fitzgerald & Green, Attorneys at Law
1010 E. Union Street Suite 206
Pasadena, CA 91106
Ph: (626) 449-8433
Fax: (626) 449-0565
pg23@earthlink.net
_____
The post was migrated from Yahoo.
Thanks, I have the forms. What I'm trying to get clear in my head is what
would we be seeking relief from stay to do exactly? If as David Tilem most
likely correctly surmises this house is community property (once the title
issues are hashed out), and the wife is doing this chapter 13 to cure the
mortgage arrears, what is the benefit of having the family law court do
anything? I suppose they can rule on the Title issues, but that's
something the BK court may want to rule on as well. It's a 100% Plan, so
maybe nobody will care. What H is concerned about is having W sell the
property out from under him, pocket the proceeds and disappear. If we got
permission from the BK court to get a family law court order determining
that 50% of the proceeds of the property must be paid to H upon termination
of the bankruptcy or other disposition of the property, would that work?
***********************************************
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/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is
privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
To:
Sent: Wednesday, June 22, 2005 6:23 PM
Subject: RE: [cdcbaa] Real Property/Divorce question
> Mark,
> Seek relief from stay, (non bankruptcy forum). I have a sample if you
> want
> one.
> Ty Takeuchi
>
>>Reply-To: cdcbaa@yahoogroups.com
>>To:
>>Subject: RE: [cdcbaa] Real Property/Divorce question
>>Date: Wed, 22 Jun 2005 16:43:48 -0700
>>
>>This is a mess. Most straightforward way to go is to file a decl relief
>>action in the bankruptcy court to determine nature of estate's right,
>>title and interest. Answer should be: it's community property and
>>estate gets it all. Don't know whether this affects the proposed plan.
>>After Ch 13 is over, or during Ch 13 with relief from stay, the family
>>law court can divide it.
>>
>>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-----
>>Of Mark J Markus
>>Sent: Wednesday, June 22, 2005 3:57 PM
>>To: cdcbaa@yahoogroups.com
>>Cc: BK Roundtable
>>Subject: [cdcbaa] Real Property/Divorce question
>>
>>
>>Here are the facts as best as I just got them described to me:
>>
>>H&W are either divorced or in the process of being divorced, but the
>>property settlement has not been completed. W files a Ch. 13 case.
>>
>>Apparently their residence was purchased during the marriage and taken,
>>inappropriately, in the names of their minor children. The mortgage
>>loans were also taken in the names of the minor children. W has been
>>paying the mortgage.
>>
>>H calls me to ask what he can do in the BK case to be sure he is able to
>>keep his share of the proceeds of the house pursuant to whatever the
>>family law court ultimately rules (which would probably be his 50% C/P
>>share.
>>
>>Is this as complicated as it sounds? Can we/must we/should we get
>>relief from stay to allow the family law court to do a quiet title
>>action on the property to determine who really owns it? (I haven't yet
>>checked to see if W even scheduled the property on her BK petition).
>>
>>Are there other ways for H to protect himself?
>>
>>***********************************************
>>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/
>>************************************************
>>Confidentiality Note: This e-mail is intended only for the person or
>>entity to which it is addressed and may contain information that is
>>privileged,
>>confidential, or otherwise protected from disclosure. Dissemination,
>>distribution, or copying of this e-mail or the information herein by
>>anyone
>>other than the intended recipient, or an employee or agent responsible
>>for
>>delivering the message to the intended recipient, is prohibited. If you
>>have received this e-mail in error, please notify us immediately at
>>(818)
>>509-1173 or e-mail us at bklawr@bklaw.com and destroy the
>>original message and all copies.
>>
>>
>>
>> _____
>>
>>Yahoo! Groups Links
>>
>>
>>* To visit your group on the web, go to:
>>http://groups.yahoo.com/group/cdcbaa/
>>
>>
>>* To unsubscribe from this group, send an email to:
>>cdcbaa-unsubscribe@yahoogroups.com
The post was migrated from Yahoo.
Mark,
If your retained to represent Husbands interest, Seek relief from stay, file
request for special notice, help husband file any proof of claim(s) if
applicable, objection to confirmation, and attend 341(a) Meeting. Make it
quite uncomfortable for W. Make her think twice about pursuing Ch. 13.
Ty Takeuchi
>Reply-To: cdcbaa@yahoogroups.com
>To:
>CC: "BK Roundtable"
>Subject: [cdcbaa] Real Property/Divorce question
>Date: Wed, 22 Jun 2005 15:57:27 -0700
>
>Here are the facts as best as I just got them described to me:
>
>H&W are either divorced or in the process of being divorced, but the
>property settlement has not been completed. W files a Ch. 13 case.
>
>Apparently their residence was purchased during the marriage and taken,
>inappropriately, in the names of their minor children. The mortgage loans
>were also taken in the names of the minor children. W has been paying the
>mortgage.
>
>H calls me to ask what he can do in the BK case to be sure he is able to
>keep his share of the proceeds of the house pursuant to whatever the family
>law court ultimately rules (which would probably be his 50% C/P share.
>
>Is this as complicated as it sounds? Can we/must we/should we get relief
>from stay to allow the family law court to do a quiet title action on the
>property to determine who really owns it? (I haven't yet checked to see if
>W even scheduled the property on her BK petition).
>
>Are there other ways for H to protect himself?
>
>***********************************************
>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/
>************************************************
>Confidentiality Note: This e-mail is intended only for the person or
>entity to which it is addressed and may contain information that is
>privileged,
>confidential, or otherwise protected from disclosure. Dissemination,
>distribution, or copying of this e-mail or the information herein by anyone
>other than the intended recipient, or an employee or agent responsible for
>delivering the message to the intended recipient, is prohibited. If you
>have received this e-mail in error, please notify us immediately at (818)
>509-1173 or e-mail us at bklawr@bklaw.com and destroy the
>original message and all copies.
>
The post was migrated from Yahoo.
Mark,
Seek relief from stay, (non bankruptcy forum). I have a sample if you want
one.
Ty Takeuchi
>Reply-To: cdcbaa@yahoogroups.com
>To:
>Subject: RE: [cdcbaa] Real Property/Divorce question
>Date: Wed, 22 Jun 2005 16:43:48 -0700
>
>This is a mess. Most straightforward way to go is to file a decl relief
>action in the bankruptcy court to determine nature of estate's right,
>title and interest. Answer should be: it's community property and
>estate gets it all. Don't know whether this affects the proposed plan.
>After Ch 13 is over, or during Ch 13 with relief from stay, the family
>law court can divide it.
>
>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-----
>Of Mark J Markus
>Sent: Wednesday, June 22, 2005 3:57 PM
>To: cdcbaa@yahoogroups.com
>Cc: BK Roundtable
>Subject: [cdcbaa] Real Property/Divorce question
>
>
>Here are the facts as best as I just got them described to me:
>
>H&W are either divorced or in the process of being divorced, but the
>property settlement has not been completed. W files a Ch. 13 case.
>
>Apparently their residence was purchased during the marriage and taken,
>inappropriately, in the names of their minor children. The mortgage
>loans were also taken in the names of the minor children. W has been
>paying the mortgage.
>
>H calls me to ask what he can do in the BK case to be sure he is able to
>keep his share of the proceeds of the house pursuant to whatever the
>family law court ultimately rules (which would probably be his 50% C/P
>share.
>
>Is this as complicated as it sounds? Can we/must we/should we get
>relief from stay to allow the family law court to do a quiet title
>action on the property to determine who really owns it? (I haven't yet
>checked to see if W even scheduled the property on her BK petition).
>
>Are there other ways for H to protect himself?
>
>***********************************************
>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/
>************************************************
>Confidentiality Note: This e-mail is intended only for the person or
>entity to which it is addressed and may contain information that is
>privileged,
>confidential, or otherwise protected from disclosure. Dissemination,
>distribution, or copying of this e-mail or the information herein by
>anyone
>other than the intended recipient, or an employee or agent responsible
>for
>delivering the message to the intended recipient, is prohibited. If you
>have received this e-mail in error, please notify us immediately at
>(818)
>509-1173 or e-mail us at bklawr@bklaw.com and destroy the
>original message and all copies.
>
>
>
> _____
>
>Yahoo! Groups Links
>
>
>* To visit your group on the web, go to:
>http://groups.yahoo.com/group/cdcbaa/
>
>
>* To unsubscribe from this group, send an email to:
>cdcbaa-unsubscribe@yahoogroups.com
The post was migrated from Yahoo.
charset="windows-1251"
Message
Looks like the plan is a straight 100% repayment plan over 60 months being done to cure (believe it or not) mortgage arrears. So it is appropriate to get relief from stay to allow the family court to allocate and divide the property? There's about $160k equity in the property, so he wants to protect his 50% share somehow.
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Wednesday, June 22, 2005 4:43 PM
Subject: RE: [cdcbaa] Real Property/Divorce question
This is a mess. Most straightforward way to go is to file a decl relief action in the bankruptcy court to determine nature of estate's right, title and interest. Answer should be: it's community property and estate gets it all. Don't know whether this affects the proposed plan. After Ch 13 is over, or during Ch 13 with relief from stay, the family law court can divide it.
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-----
Mark J Markus
Sent: Wednesday, June 22, 2005 3:57 PM
To: cdcbaa@yahoogroups.com
Cc: BK Roundtable
Subject: [cdcbaa] Real Property/Divorce question
Here are the facts as best as I just got them described to me:
H&W are either divorced or in the process of being divorced, but the property settlement has not been completed. W files a Ch. 13 case.
Apparently their residence was purchased during the marriage and taken, inappropriately, in the names of their minor children. The mortgage loans were also taken in the names of the minor children. W has been paying the mortgage.
H calls me to ask what he can do in the BK case to be sure he is able to keep his share of the proceeds of the house pursuant to whatever the family law court ultimately rules (which would probably be his 50% C/P share.
Is this as complicated as it sounds? Can we/must we/should we get relief from stay to allow the family law court to do a quiet title action on the property to determine who really owns it? (I haven't yet checked to see if W even scheduled the property on her BK petition).
Are there other ways for H to protect himself?
***********************************************
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/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
Yahoo! Groups Links
a.. To visit your group on the web, go to:
http://groups.yahoo.com/group/cdcbaa/
b.. To unsubscribe from this group, send an email to:
cdcbaa-unsubscribe@yahoogroups.com
c.. Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
charset="windows-1251"
Message
Looks like the plan is a straight 100% repayment
plan over 60 months being done to cure (believe it or not) mortgage
arrears. So it is appropriate to get relief from stay to allow the
family court to allocate and divide the property? There'sabout $160k equity in the property, so he wants to protect his 50% share
somehow.
----- Original Message -----
From:
David
A. Tilem
To: cdcbaa@yahoogroups.com
Sent: Wednesday, June 22, 2005 4:43
PM
Subject: RE: [cdcbaa] Real
Property/Divorce question
This is a
mess. Most straightforward way to go is to file a decl relief action in
the bankruptcy court to determine nature of estate's right, title and
interest. Answer should be: it's community property and estate gets it
all. Don't know whether this affects the proposed plan. After Ch
13 is over, or during Ch 13 with relief from stay, the family law court can
divide it.
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-----From:
cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of
Mark J MarkusSent: Wednesday, June 22, 2005 3:57
PMTo: cdcbaa@yahoogroups.comCc: BK
RoundtableSubject: [cdcbaa] Real Property/Divorce
question
Here are the facts as best as I just got them
described to me:
H&W are either divorced or in the process of
being divorced, but the property settlement has not been
completed. W files a Ch. 13 case.
Apparently their residence was purchased during
the marriage and taken, inappropriately, in the names of their minor
children. The mortgage loans were also taken in the names of the minor
children. W has been paying the mortgage.
H calls me to ask what he can do in the BK case
to be sure he is able to keep his share of the proceeds of the house pursuant
to whatever the family law court ultimately rules (which would probably be his
50% C/P share.
Is this as complicated as it sounds?
Can we/must we/should we get relief from stay to allow the family law
court to do a quiet title action on the property to determine who really owns
it? (I haven't yet checked to see if W even scheduled the property on
her BK petition).
Are there other ways for H to protect
himself?
***********************************************Mark J.
MarkusLaw Office of Mark J. Markus11684 Ventura Blvd. PMB
#403Studio City, CA 91604-2652(818)509-1173(818)509-1460
(fax)e-mail: bklawr@bklaw.comweb:
The post was migrated from Yahoo.
OK -- What lender made a loan to the minor kids ??? (Sounds quite suspicious
to me.)
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
OK -- What lender made a loan to the minor kids ??? (Sounds quite
suspicious to me.)
Law Office
of Eric Alan Mitnick21515 Hawthorne Boulevard, Suite 1080Torrance,
CA 90503(310) 792-5864; 792-5866
The post was migrated from Yahoo.