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judgment in connection with being an executor of family trust
I do not, it is for negligence only.
Sent from my Stella Havkin's IPhone
> On Nov 5, 2015, at 3:09 PM, GMAIL Webblaw@Gmail.com [cdcbaa] wrote:
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> What Mark said plus, if a probate court has assigned personal liability for trustee breach of fiduciary duty you may have s 523(a)(4) issues.
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> Best regards
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> Larry Webb
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> California Board of Legal Specialization
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> Certified Specialist in Bankruptcy Law
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> State Bar of California 229344
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> Central District California
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> "A Debt Relief Agency"
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> Map Location
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> Webblaw@gmail.com
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> Law Offices of Larry Webb
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> 484 Mobil Ste 43
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> Camarillo Ca 93010
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> P 805.987.1400
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> C 805.750.2150
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> Law Office Larry Webb Bankruptcy Attorney
> The following notice is required by the United States Supreme Court's interpretation of 11 U.S.C. 101(12A): The Law Offices of Larry Webb is a Bankruptcy Attorney Debt Relief Agency as defined by 11 U.S.C. 101(12A) of the Bankruptcy Code. We help people file for relief under the Bankruptcy code. Bankruptcy is a Federal Court Proceeding that supersedes State Court Civil Litigation
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> Sent: Thursday, November 5, 2015 11:55 AM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] judgment in connection with being an executor of family trust
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> Stella:
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> Not sure what you mean by "in connection with an execution of a family trust." Estates have executors, Trusts have trustees. If you mean a judgment debt occurred as trustee of a family trust, the trustee is generally not personally obligated unless it is the trustee's own revocable trust. If somehow personal liability was determined and the trust is not the trustee's own trust, the trust must indemnify the trustee unless of course the judgment was against the trustee for some sort of breach of fiduciary duty. Either way that is not consumer. If it is for the trustee's own revocable trust ignore the trustee label and analyze the nature of the judgment debt like you would for any other bankruptcy debtor.
>
>
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
>
>
> In a message dated 11/5/2015 10:47:50 A.M. Pacific Standard Time, cdcbaa@yahoogroups.com writes:
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> Stella:
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> There is nothing in being an executor that could be characterized as consumer. I would schedule the debt as a nonconsumer debt (remember is is consumer and nonconsumer, not consumer and business, that is why taxes are nonconsumer.)
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> d
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> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
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> On Nov 4, 2015, at 2:48 PM, havkinlaw@earthlink.net [cdcbaa] wrote:
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> Is a judgment in connection with being an execution of a family trust considered a consumer obligation or a business debt? I would think it is a business debt even though it is not my client's business.
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> Stella
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What Mark said plus, if a probate court has assigned personal liability for trustee breach of fiduciary duty you may have s 523(a)(4) issues.
The post was migrated from Yahoo.
charset="UTF-8"
What Mark said plus, if a probate court has assigned personal liability for trustee breach of fiduciary duty you may have s 523(a)(4) issues.
Best regards
Larry Webb
California Board of Legal Specialization
Certified Specialist in Bankruptcy Law
State Bar of California 229344
Central District California
"A Debt Relief Agency"
Map Location
The post was migrated from Yahoo.
Stella:
Not sure what you mean by "in connection with an execution of a family
trust." Estates have executors, Trusts have trustees. If you mean a judgment
debt occurred as trustee of a family trust, the trustee is generally not
personally obligated unless it is the trustee's own revocable trust. If
somehow personal liability was determined and the trust is not the trustee's
own trust, the trust must indemnify the trustee unless of course the
judgment was against the trustee for some sort of breach of fiduciary duty.
Either way that is not consumer. If it is for the trustee's own revocable trust
ignore the trustee label and analyze the nature of the judgment debt like you would for any other bankruptcy debtor.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 11/5/2015 10:47:50 A.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
Stella:
There is nothing in being an executor that could be characterized as
consumer. I would schedule the debt as a nonconsumer debt (remember is isconsumer and nonconsumer, not consumer and business, that is why taxes arenonconsumer.)
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
310-328-1001-voice
On Nov 4, 2015, at 2:48 PM, _havkinlaw@earthlink.net_
(mailto:havkinlaw@earthlink.net) [cdcbaa] wrote:
Is a judgment in connection with being an execution of a family trust
considered a consumer obligation or a business debt? I would think it is a
business debt even though it is not my client's business.
Stella
Stella:
Not sure what you mean by "in connection with an execution of a family
trust." Estates have executors, Trusts have trustees. If you mean a
judgment debt occurred as trustee of a family trust, the trustee is generally
not personally obligated unless it is the
trustee's own revocable trust. If somehow personal
liability was determined and the trust is not the trustee's own trust, the
trust must indemnify the trustee unless of course the judgment was against the
trustee for some sort of breach of fiduciary duty. Either way that is
not consumer. If it is for the trustee's own revocable trust
ignore the trustee label and analyze the nature of the judgment debt like
you would for any other bankruptcy debtor.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 11/5/2015 10:47:50 A.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
Stella:
There is nothing in being an executor that could be
characterized as consumer. I would schedule the debt as a nonconsumer
debt (remember is is consumer and nonconsumer, not consumer and business, that
is why taxes are nonconsumer.)
dDennis McGoldrick, 350 S. Crenshaw Bl.,
#A207B, Torrance, Ca 90503 310-328-1001-voice
On Nov 4, 2015, at 2:48 PM, havkinlaw@earthlink.net [cdcbaa]
<
The post was migrated from Yahoo.
Stella:
There is nothing in being an executor that could be characterized as consumer. I would schedule the debt as a nonconsumer debt (remember is is consumer and nonconsumer, not consumer and business, that is why taxes are nonconsumer.)
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Nov 4, 2015, at 2:48 PM, havkinlaw@earthlink.net [cdcbaa] wrote:
>
> Is a judgment in connection with being an execution of a family trust considered a consumer obligation or a business debt? I would think it is a business debt even though it is not my client's business.
>
>
>
> Stella
>
>
There is nothing in being an executor that could be characterized as consumer. I would schedule the debt as a nonconsumer debt (remember is is consumer and nonconsumer, not consumer and business, that is why taxes are nonconsumer.)dDennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
The post was migrated from Yahoo.
It doesn't need to be "business" it only needs to be "non consumer" so first ask whether it was incurred for a household purpose.
Sent from my iPhone - please excuse typos.
> On Nov 4, 2015, at 2:48 PM, havkinlaw@earthlink.net [cdcbaa] wrote:
>
> Is a judgment in connection with being an execution of a family trust considered a consumer obligation or a business debt? I would think it is a business debt even though it is not my client's business.
>
>
>
> Stella
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>
The post was migrated from Yahoo.