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Subrogation Claims
The only time there is a single debt limitation to filing a case is in chapter 11, as in 11, someone had to vote for the plan. I know of no such limitation in chapter 7.
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Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Jun 26, 2015, at 11:44 AM, sloanyoukstetter@yahoo.com [cdcbaa] wrote:
>
> I have a PC who is a defendant in a subrogation lawsuit regarding an auto accident. The problem is the subrogation claim is the PC's only debt, which is around $30,000. My understanding is that a subrogation claim is not a consumer debt as defined in the Code (In re Marshalek, 158 BR 704, Bankr. Court, ND Ohio 1993), but it is probably dischargeable in a Chapter 7 (In re Nathaniel, Bankr. Court, SD New York 2012).
>
> My question is: can I file a 7 when the PC's only debt is a non-consumer subrogation claim? I am leaning yes, but this seems extremely problematic. Any thoughts on the matter would be greatly appreciated. >
> Thanks,
>
> Sloan
>
>
>
>
>
>
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What is special about a subrogation claim? Just a contract based claim and
dischargeable.
I do not understand the hesitation except that bk may not be the right
solution.
Sincerely,
*Michael Avanesian, Esq. *
Simon Resnik Hayes, LLP
15233 Ventura Blvd., Suite 250
Sherman Oaks, CA 91403
Tel: 818.783.6251 | Cel: 818.817.1725
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On Fri, Jun 26, 2015 at 11:44 AM, sloanyoukstetter@yahoo.com [cdcbaa] wrote:
>
>
> I have a PC who is a defendant in a subrogation lawsuit regarding an auto
> accident. The problem is the subrogation claim is the PC's only debt,
> which is around $30,000. My understanding is that a subrogation claim is
> not a consumer debt as defined in the Code (In re Marshalek, 158 BR 704,
> Bankr. Court, ND Ohio 1993), but it is probably dischargeable in a Chapter
> 7 (In re Nathaniel, Bankr. Court, SD New York 2012).
>
> My question is: can I file a 7 when the PC's only debt is a non-consumer
> subrogation claim? I am leaning yes, but this seems extremely
> problematic. Any thoughts on the matter would be greatly appreciated.
>
>
> Thanks,
>
> Sloan
>
>
>
>
>
What is special about a subrogation claim? Just a contract based claim and dischargeable.I do not understand the hesitation except that bk may not be the right solution.
I have a PC who is a defendant in a subrogation lawsuit regarding an auto accident. The problem is the subrogation claim is the PC's only debt, which is around $30,000. My understanding is that a subrogation claim is not a consumer debt as defined in the Code (In re Marshalek, 158 BR 704, Bankr. Court, ND Ohio 1993), but it is probably dischargeable in a Chapter 7 (In re Nathaniel, Bankr. Court, SD New York 2012). My question is: can I file a 7 when the PC's only debt is a non-consumer subrogation claim? I am leaning yes, but this seems extremely problematic. Any thoughts on the matter would be greatly appreciated. Thanks,Sloan
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