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Community Discharge
Dennis McGoldrick wrote a nice article on this issue. It is in our newletter, issue 3, that you can get on the cdcbaa website. Jon
>
> SOL is irrelevant as to the community discharge. Community discharge does not prevent prepetition creditor of nonfiling spouse from obtaining judgment against nonfiling spouse. It merely prevents pursuit of community assets by the judgment creditor.
>
> Mark Jessee
>
> Sent from my iPhone
>
> On Feb 13, 2013, at 1:29 PM, Jay Fleischman wrote:
>
> > That's my read of it as well. The problem is if the community terminates during the SOL for the debt. Then you've got other issues.
> >
> >
> > On Fri, Feb 1, 2013 at 5:18 PM, PHiLiP E. KOeBeL, Esq. wrote:
> >>
> >>
> >> what's a good case to read to understand how the community discharge works for married partners?
> >>
> >> it seems that "allowable community claim" of 524(a)(3) should correspond directly with Cal. Fam. Code 910 - "community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt."
> >>
> >> is that correct?
> >>
> >>
> >> On Fri, Feb 1, 2013 at 4:55 PM, wrote:
> >>>
> >>> Larry:
> >>> I have not tested, but no reference to spouses in statute, only to characterization of property,i.e. CP, which is determined by state law. As such I don't see any problem. PG
> >>>
> >>> Sent from my Verizon Wireless BlackBerry
> >>> Sender: cdcbaa@yahoogroups.com
> >>> Date: Fri, 1 Feb 2013 16:45:43 -0800
> >>> To:
> >>> ReplyTo: cdcbaa@yahoogroups.com
> >>> Subject: [cdcbaa] Community Discharge
> >>>
> >>>
> >>> Has anyone tested 524(a)(3) the community discharge injunction as to California registered partners? In Re Kimmel discusses 524(a)(3) as to spouses; and Kimmel predates the domestic partnership act.
> >>>
> >>>
> >>>
> >>> Best Regards
> >>>
> >>>
> >>>
> >>>
> >>>
> >>> Larry Webb
> >>>
> >>> Law Office of Larry Webb
> >>>
> >>> 484 Mobil Ste 43
> >>>
> >>> Camarillo, Ca 93010
> >>>
> >>> 805-987-1400
> >>>
> >>> Email Webblaw@...
> >>>
> >
> >
>
The post was migrated from Yahoo.
SOL is irrelevant as to the community discharge. Community discharge does not prevent prepetition creditor of nonfiling spouse from obtaining judgment against nonfiling spouse. It merely prevents pursuit of community assets by the judgment creditor.
Mark Jessee
Sent from my iPhone
On Feb 13, 2013, at 1:29 PM, Jay Fleischman wrote:
> That's my read of it as well. The problem is if the community terminates during the SOL for the debt. Then you've got other issues.
>
>
> On Fri, Feb 1, 2013 at 5:18 PM, PHiLiP E. KOeBeL, Esq. wrote:
>>
>>
>> what's a good case to read to understand how the community discharge works for married partners?
>>
>> it seems that "allowable community claim" of 524(a)(3) should correspond directly with Cal. Fam. Code 910 - "community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt."
>>
>> is that correct?
>>
>>
>> On Fri, Feb 1, 2013 at 4:55 PM, wrote:
>>>
>>> Larry:
>>> I have not tested, but no reference to spouses in statute, only to characterization of property,i.e. CP, which is determined by state law. As such I don't see any problem. PG
>>>
>>> Sent from my Verizon Wireless BlackBerry
>>> Sender: cdcbaa@yahoogroups.com
>>> Date: Fri, 1 Feb 2013 16:45:43 -0800
>>> To:
>>> ReplyTo: cdcbaa@yahoogroups.com
>>> Subject: [cdcbaa] Community Discharge
>>>
>>>
>>> Has anyone tested 524(a)(3) the community discharge injunction(a)(3) as to spouses; and Kimmel predates the domestic partnership act.
>>>
>>>
>>>
>>> Best Regards
>>>
>>>
>>>
>>>
>>>
>>> Larry Webb
>>>
>>> Law Office of Larry Webb
>>>
>>> 484 Mobil Ste 43
>>>
>>> Camarillo, Ca 93010
>>>
>>> 805-987-1400
>>>
>>> Email Webblaw@Earthlink.net
>>>
>
>
larry@webbklaw.com>
Sender:
The post was migrated from Yahoo.
other issues even if you are in bankruptcy? or other issues if you are
outside of bankruptcy? please explain...
On Wed, Feb 13, 2013 at 1:29 PM, Jay Fleischman wrote:
> **
>
>
> That's my read of it as well. The problem is if the community terminates
> during the SOL for the debt. Then you've got other issues.
>
>
> On Fri, Feb 1, 2013 at 5:18 PM, PHiLiP E. KOeBeL, Esq. > wrote:
>
>> **
>>
>>
>>
>> what's a good case to read to understand how the community discharge
>> works for married partners?
>>
>> it seems that "allowable community claim" of 524(a)(3) should correspond
>> directly with Cal. Fam. Code 910 - "community estate is liable for a debt
>> incurred by either spouse before or during marriage, regardless of which
>> spouse has the management and control of the property and regardless of
>> whether one or both spouses are parties to the debt or to a judgment for
>> the debt."
>>
>> is that correct?
>>
>>
>> On Fri, Feb 1, 2013 at 4:55 PM, wrote:
>>
>>> **
>>>
>>>
>>> ** Larry:
>>> I have not tested, but no reference to spouses in statute, only to
>>> characterization of property,i.e. CP, which is determined by state law. As
>>> such I don't see any problem. PG
>>> Sent from my Verizon Wireless BlackBerry
>>> ------------------------------
>>> *Sender: * cdcbaa@yahoogroups.com
>>> *Date: *Fri, 1 Feb 2013 16:45:43 -0800
>>> *To: *
>>> *ReplyTo: * cdcbaa@yahoogroups.com
>>> *Subject: *[cdcbaa] Community Discharge
>>>
>>>
>>>
>>> Has anyone tested 524(a)(3) the community discharge injunction as to
>>> California registered partners? In Re Kimmel discusses 524(a)(3) as to
>>> spouses; and Kimmel predates the domestic partnership act.****
>>>
>>> ** **
>>>
>>> Best Regards****
>>>
>>> ** **
>>>
>>> ** **
>>>
>>> Larry Webb****
>>>
>>> Law Office of Larry Webb****
>>>
>>> 484 Mobil Ste 43****
>>>
>>> Camarillo, Ca 93010****
>>>
>>> 805-987-1400****
>>>
>>> Email Webblaw@Earthlink.net****
>>>
>>> ** **
>>>
>>> ** **
>>>
>>>
>>
>
>
other issues even if you are in bankruptcy? or other issues if you are outside of bankruptcy? please explain...
The post was migrated from Yahoo.
In re Kimmel, 378 B.R. 630 (9TH Cir. BAP 2007)
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
The post was migrated from Yahoo.
That's my read of it as well. The problem is if the community terminates
during the SOL for the debt. Then you've got other issues.
On Fri, Feb 1, 2013 at 5:18 PM, PHiLiP E. KOeBeL, Esq.
wrote:
> **
>
>
>
> what's a good case to read to understand how the community discharge works
> for married partners?
>
> it seems that "allowable community claim" of 524(a)(3) should correspond
> directly with Cal. Fam. Code 910 - "community estate is liable for a debt
> incurred by either spouse before or during marriage, regardless of which
> spouse has the management and control of the property and regardless of
> whether one or both spouses are parties to the debt or to a judgment for
> the debt."
>
> is that correct?
>
>
> On Fri, Feb 1, 2013 at 4:55 PM, wrote:
>
>> **
>>
>>
>> ** Larry:
>> I have not tested, but no reference to spouses in statute, only to
>> characterization of property,i.e. CP, which is determined by state law. As
>> such I don't see any problem. PG
>> Sent from my Verizon Wireless BlackBerry
>> ------------------------------
>> *Sender: * cdcbaa@yahoogroups.com
>> *Date: *Fri, 1 Feb 2013 16:45:43 -0800
>> *To: *
>> *ReplyTo: * cdcbaa@yahoogroups.com
>> *Subject: *[cdcbaa] Community Discharge
>>
>>
>>
>> Has anyone tested 524(a)(3) the community discharge injunction as to
>> California registered partners? In Re Kimmel discusses 524(a)(3) as to
>> spouses; and Kimmel predates the domestic partnership act.****
>>
>> ** **
>>
>> Best Regards****
>>
>> ** **
>>
>> ** **
>>
>> Larry Webb****
>>
>> Law Office of Larry Webb****
>>
>> 484 Mobil Ste 43****
>>
>> Camarillo, Ca 93010****
>>
>> 805-987-1400****
>>
>> Email Webblaw@Earthlink.net****
>>
>> ** **
>>
>> ** **
>>
>>
>
>
That's my read of it as well. The problem is if the community terminates during the SOL for the debt. Then you've got other issues.On Fri, Feb 1, 2013 at 5:18 PM, PHiLiP E. KOeBeL, Esq. <lawofpek@gmail.com> wrote:
what's a good case to read to understand how the community discharge works for married partners?it seems that "allowable community claim" of 524(a)(3) should correspond directly with Cal. Fam. Code 910 - "community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt."
is that correct?On Fri, Feb 1, 2013 at 4:55 PM, <pat@fitzgreenlaw.com> wrote:
Larry:I have not tested, but no reference to spouses in statute, only to characterization of property,i.e. CP, which is determined by state law. As such I don't see any problem. PGSent from my Verizon Wireless BlackBerry
ebbklaw.com" target"_blank">larry@webbklaw.com>
Sender:
The post was migrated from Yahoo.
what's a good case to read to understand how the community discharge works
for married partners?
it seems that "allowable community claim" of 524(a)(3) should correspond
directly with Cal. Fam. Code 910 - "community estate is liable for a debt
incurred by either spouse before or during marriage, regardless of which
spouse has the management and control of the property and regardless of
whether one or both spouses are parties to the debt or to a judgment for
the debt."
is that correct?
On Fri, Feb 1, 2013 at 4:55 PM, wrote:
> **
>
>
> ** Larry:
> I have not tested, but no reference to spouses in statute, only to
> characterization of property,i.e. CP, which is determined by state law. As
> such I don't see any problem. PG
> Sent from my Verizon Wireless BlackBerry
> ------------------------------
> *Sender: * cdcbaa@yahoogroups.com
> *Date: *Fri, 1 Feb 2013 16:45:43 -0800
> *To: *
> *ReplyTo: * cdcbaa@yahoogroups.com
> *Subject: *[cdcbaa] Community Discharge
>
>
>
> Has anyone tested 524(a)(3) the community discharge injunction as to
> California registered partners? In Re Kimmel discusses 524(a)(3) as to
> spouses; and Kimmel predates the domestic partnership act.****
>
> ** **
>
> Best Regards****
>
> ** **
>
> ** **
>
> Larry Webb****
>
> Law Office of Larry Webb****
>
> 484 Mobil Ste 43****
>
> Camarillo, Ca 93010****
>
> 805-987-1400****
>
> Email Webblaw@Earthlink.net****
>
> ** **
>
> ** **
>
>
>
what's a good case to read to understand how the community discharge works for married partners?it seems that "allowable community claim" of 524(a)(3) should correspond directly with Cal. Fam. Code 910 - "community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt."
is that correct?On Fri, Feb 1, 2013 at 4:55 PM, <pat@fitzgreenlaw.com> wrote:
Larry:I have not tested, but no reference to spouses in statute, only to characterization of property,i.e. CP, which is determined by state law. As such I don't see any problem. PGSent from my Verizon Wireless BlackBerry
ebbklaw.com" target"_blank">larry@webbklaw.com>
Sender:
The post was migrated from Yahoo.
Larry:
I have not tested, but no reference to spouses in statute, only to characterization of property,i.e. CP, which is determined by state law. As such I don't see any problem. PG
Sent from my Verizon Wireless BlackBerry
Sender: cdcbaa@yahoogroups.com
Date: Fri, 1 Feb 2013 16:45:43
To:
Reply-To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Community Discharge
Has anyone tested 524(a)(3) "the community discharge injunction" as to
California registered partners? In Re Kimmel discusses 524(a)(3) as to
"spouses"; and Kimmel predates the domestic partnership act.
Best Regards
Larry Webb
Law Office of Larry Webb
484 Mobil Ste 43
Camarillo, Ca 93010
805-987-1400
Email Webblaw@Earthlink.net
The post was migrated from Yahoo.
Has anyone tested 524(a)(3) "the community discharge injunction" as to
California registered partners? In Re Kimmel discusses 524(a)(3) as to
"spouses"; and Kimmel predates the domestic partnership act.
Best Regards
Larry Webb
Law Office of Larry Webb
484 Mobil Ste 43
Camarillo, Ca 93010
805-987-1400
Email Webblaw@Earthlink.net
The post was migrated from Yahoo.