.jpg)
Crossover questions
*Let me guess, they want you to handle the whole case for $500
including the filing fee right?*
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*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
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Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
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On 4/5/2018 4:26 PM, Hale Andrew Antico la_bk_lawyer@yahoo.com
[cdcbaa] wrote:
>
>
> One of the things I love about bankruptcy law is all the crossover
> you get into other areas of the law. I have a fact pattern that
> may touch on three or four different areas: real property,
> estates, workers' compensation, and community property.
>
> Case is not yet filed. Debtor has judgments against her, is
> elderly and unemployed. This would be a Chapter 7 with possible
> liquidation issues.
>
> Debtor is married, but husband is incarcerated, for what that's
> worth. Pre-incident, husband received a large workers'
> compensation payout during the marriage, the res of which debtor
> says apparently only non-debtor spouse can access.
>
> But wait, there's more. Debtor is being evicted from the house she
> rents. A dear friend has an extra home he will let debtor live in,
> but she has to be on title to live in this community (assume it's
> paid in full and beyond what is able to be exempted). She needs a
> place to live urgently, and here's a white knight, who is offering
> to give her a life estate interest in the real property, which we
> all remember from law school reverts to grantor upon death of grantee.
>
> Debtor is nervous that if she accepts the life estate but doesn't
> quickly file bk, that her judgments can attach as liens, which,
> given the equity, may not be able to removed under 522f if I
> understand it correctly. She doesn't want to encumber her friend's
> property once it's in her name.
>
> If life estate in real property granted to debtor prepetition, and
> then case filed, judgments cannot attach as liens. Hooray!
>
> But:
>
> 1) does Chapter 7 trustee have ability to get to real property in
> a life estate? Stands in shoes of debtor, who cannot sell it...?
>
> 2) does Chapter 7 trustee have any way to attack non-debtor spouse
> WC recovery? CCP 704.160 "exempt without making a claim" seems
> clear, am I missing anything?
>
> But Cal Labor Code 4901: No claim for compensation nor
> compensation awarded, adjudged, or paid, is subject to be taken
> for the debts of the party entitled to such compensation except as
> hereinafter provided. Debts arose during marriage, and her
> bankruptcy would be "for the debts of the party"... who is not filing.
>
> Anything I'm missing here? Thanks for reading!
>
> Hale
>
> --
> */Hale Andrew Antico/*
>
> (888) 54-BKLAW
> http://www.los-angeles-bankruptcy.net
>
> /Vice-President, Board Member, Central Dist Consumer Bankruptcy
> Attorneys' Assn.(CDCBAA)/
> /Past President, Board Member, James T. King Bankruptcy Inn of Court/
> /Member, National Association of Consumer Bankruptcy Attorneys
> (NACBA)/
>
> /We are a federally designated Debt Relief Agency under the United
> States Bankruptcy Laws./
> /We assist people with finding solutions to their debt problems,
> including, where appropriate, assisting them with the filing of
> petitions for relief under the United States Bankruptcy Code./
>
> /Email isn't secure, so it's not confidential. By communicating
> with me by email, you understand that it's not confidential./
>
> /This does not constitute an electronic signature./
>
>
>
>
>
> Virus-free. www.avg.com
>
>
>
>
-
The post was migrated from Yahoo.
One of the things I love about bankruptcy law is all the crossover you
get into other areas of the law. I have a fact pattern that may touch on
three or four different areas: real property, estates, workers'
compensation, and community property.
Case is not yet filed. Debtor has judgments against her, is elderly and
unemployed. This would be a Chapter 7 with possible liquidation issues.
Debtor is married, but husband is incarcerated, for what that's worth.
Pre-incident, husband received a large workers' compensation payout
during the marriage, the res of which debtor says apparently only
non-debtor spouse can access.
But wait, there's more. Debtor is being evicted from the house she
rents. A dear friend has an extra home he will let debtor live in, but
she has to be on title to live in this community (assume it's paid in
full and beyond what is able to be exempted). She needs a place to live
urgently, and here's a white knight, who is offering to give her a life
estate interest in the real property, which we all remember from law
school reverts to grantor upon death of grantee.
Debtor is nervous that if she accepts the life estate but doesn't
quickly file bk, that her judgments can attach as liens, which, given
the equity, may not be able to removed under 522f if I understand it
correctly. She doesn't want to encumber her friend's property once it's
in her name.
If life estate in real property granted to debtor prepetition, and then
case filed, judgments cannot attach as liens. Hooray!
But:
1) does Chapter 7 trustee have ability to get to real property in a life
estate? Stands in shoes of debtor, who cannot sell it...?
2) does Chapter 7 trustee have any way to attack non-debtor spouse WC
recovery? CCP 704.160 "exempt without making a claim" seems clear, am I
missing anything?
But Cal Labor Code 4901: No claim for compensation nor compensation
awarded, adjudged, or paid, is subject to be taken for the debts of the
party entitled to such compensation except as hereinafter provided.
Debts arose during marriage, and her bankruptcy would be "for the debts
of the party"... who is not filing.
Anything I'm missing here? Thanks for reading!
Hale
*/Hale Andrew Antico/*
(888) 54-BKLAW
http://www.los-angeles-bankruptcy.net
/Vice-President, Board Member, Central Dist Consumer Bankruptcy
Attorneys' Assn.(CDCBAA)/
/Past President, Board Member, James T. King Bankruptcy Inn of Court/
/Member, National Association of Consumer Bankruptcy Attorneys (NACBA)/
/We are a federally designated Debt Relief Agency under the United
States Bankruptcy Laws./
/We assist people with finding solutions to their debt problems,
including, where appropriate, assisting them with the filing of
petitions for relief under the United States Bankruptcy Code./
/Email isn't secure, so it's not confidential. By communicating with me
by email, you understand that it's not confidential./
/This does not constitute an electronic signature./
The post was migrated from Yahoo.