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What happens to spouse who does not file for bk?
Didnt we have a CLE about this a couple years ago that touched on this? Maybe we can reboot that CLE in 2016?
Desiree Causey, Esq.
Law Office of Desiree Causey
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The post was migrated from Yahoo.
Yes, I neglected to factor in H has W's creditor.
Sent from my iPhone - please excuse typos.
> On Nov 18, 2015, at 2:04 PM, cdcbaa cdcbaamailbox@gmail.com [cdcbaa] wrote:
>
> Wife got a discharge of the liability, and of any liability to h. Violates discharge injunction to ask wife to pay half.
>
> d
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
>
>
>> On Nov 18, 2015, at 7:43 AM, Yahoo petermlively2000@yahoo.com [cdcbaa] wrote:
>>
>>
>> Presuming it's a recourse loan, and statute of limitations hasn't run, the formerly secured lender still has recourse against H.
>>
>> I don't see why a Family law judge couldn't still impose an indemnity provision in their propert/debt allocation judgment whereby W must compensate H for 50% (for example) of the amount lender ultimately collects from H.
>>
>> Sent from my iPhone - please excuse typos.
>>
>>> On Nov 17, 2015, at 9:40 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>>>
>>>
>>> So I was preparing my blog for tomorrow's CDI when this thought occurred to me.
>>>
>>> Wife files bankruptcy and voids a 100k lien. The lien is no longer attached to the property and, upon completion of the Chapter 13 Plan, is permanently void. The obligation to pay is extinguished, as to the Wife, forever.>>>
>>> For the sake of simplicity, let's assume the Plan was a 0% plan and there were no other creditors.
>>>
>>> What happens to the 100k unsecured debt if and when Husband and Wife divorce? Is there a 50% 50% allocation of community assets and liabilities with the Husband also having an additional "separate" debt of $100k on account of his in personam liability?
>>>
>>> Sincerely,
>>>
>>> Michael Avanesian, Esq.
>>> Avanesian Law Firm
>>> 101 N. Brand Blvd. PH 1920
>>> Glendale, CA 91203
>>> Tel: 818.276.2477 | Fax: 818.208.4550
>>>
>>> Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
>>> IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
>
>
The post was migrated from Yahoo.
Wife got a discharge of the liability, and of any liability to h. Violates discharge injunction to ask wife to pay half.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Nov 18, 2015, at 7:43 AM, Yahoo petermlively2000@yahoo.com [cdcbaa] wrote:
>
> Presuming it's a recourse loan, and statute of limitations hasn't run, the formerly secured lender still has recourse against H.
>
> I don't see why a Family law judge couldn't still impose an indemnity provision in their propert/debt allocation judgment whereby W must compensate H for 50% (for example) of the amount lender ultimately collects from H.
>
> Sent from my iPhone - please excuse typos.
>
>> On Nov 17, 2015, at 9:40 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>>
>>
>> So I was preparing my blog for tomorrow's CDI when this thought occurred to me.
>>
>> Wife files bankruptcy and voids a 100k lien. The lien is no longer attached to the property and, upon completion of the Chapter 13 Plan, is permanently void. The obligation to pay is extinguished, as to the Wife, forever.>>
>> For the sake of simplicity, let's assume the Plan was a 0% plan and there were no other creditors.
>>
>> What happens to the 100k unsecured debt if and when Husband and Wife divorce? Is there a 50% 50% allocation of community assets and liabilities with the Husband also having an additional "separate" debt of $100k on account of his in personam liability?
>>
>> Sincerely,
>>
>> Michael Avanesian, Esq.
>> Avanesian Law Firm
>> 101 N. Brand Blvd. PH 1920
>> Glendale, CA 91203
>> Tel: 818.276.2477 | Fax: 818.208.4550
>>
>> Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
>> IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
>
>
The post was migrated from Yahoo.
Mike:
Most of the time the spouses are jointly liable, so the husband could owe all of the debt after the divorce.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Nov 17, 2015, at 9:40 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>
> So I was preparing my blog for tomorrow's CDI when this thought occurred to me.
>
> Wife files bankruptcy and voids a 100k lien. The lien is no longer attached to the property and, upon completion of the Chapter 13 Plan, is permanently void. The obligation to pay is extinguished, as to the Wife, forever.
>
> For the sake of simplicity, let's assume the Plan was a 0% plan and there were no other creditors.
>
> What happens to the 100k unsecured debt if and when Husband and Wife divorce? Is there a 50% 50% allocation of community assets and liabilities with the Husband also having an additional "separate" debt of $100k on account of his in personam liability?
>
> Sincerely,
>
> Michael Avanesian, Esq.
> Avanesian Law Firm
> 101 N. Brand Blvd. PH 1920
> Glendale, CA 91203
> Tel: 818.276.2477 | Fax: 818.208.4550
>
> Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
> IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
>
>
Most of the time the spouses are jointly liable, so the husband could owe all of the debt after the divorce.dDennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voiceOn Nov 17, 2015, at 9:40 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
So I was preparing my blog for tomorrow's CDI when this thought occurred to me.Wife files bankruptcy and voids a 100k lien. The lien is no longer attached to the property and, upon completion of the Chapter 13 Plan, is permanently void. The obligation to pay is extinguished, as to the Wife, forever. For the sake of simplicity, let's assume the Plan was a 0% plan and there were no other creditors. What happens to the 100k unsecured debt if and when Husband and Wife divorce? Is there a 50% 50% allocation of community assets and liabilities with the Husband also having an additional "separate" debt of $100k on account of his in personam liability?
The post was migrated from Yahoo.
Presuming it's a recourse loan, and statute of limitations hasn't run, the formerly secured lender still has recourse against H.
I don't see why a Family law judge couldn't still impose an indemnity provision in their propert/debt allocation judgment whereby W must compensate H for 50% (for example) of the amount lender ultimately collects from H.
Sent from my iPhone - please excuse typos.
> On Nov 17, 2015, at 9:40 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>
> So I was preparing my blog for tomorrow's CDI when this thought occurred to me.
>
> Wife files bankruptcy and voids a 100k lien. The lien is no longer attached to the property and, upon completion of the Chapter 13 Plan, is permanently void. The obligation to pay is extinguished, as to the Wife, forever.
>
> For the sake of simplicity, let's assume the Plan was a 0% plan and there were no other creditors.
>
> What happens to the 100k unsecured debt if and when Husband and Wife divorce? Is there a 50% 50% allocation of community assets and liabilities with the Husband also having an additional "separate" debt of $100k on account of his in personam liability?
>
> Sincerely,
>
> Michael Avanesian, Esq.
> Avanesian Law Firm
> 101 N. Brand Blvd. PH 1920
> Glendale, CA 91203
> Tel: 818.276.2477 | Fax: 818.208.4550
>
> Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
> IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
>
>
The post was migrated from Yahoo.
So I was preparing my blog for tomorrow's CDI when this thought occurred to
me.
Wife files bankruptcy and voids a 100k lien. The lien is no longer attached
to the property and, upon completion of the Chapter 13 Plan, is permanently
void. The obligation to pay is extinguished, as to the Wife, forever.
For the sake of simplicity, let's assume the Plan was a 0% plan and there
were no other creditors.
What happens to the 100k unsecured debt if and when Husband and Wife
divorce? Is there a 50% 50% allocation of community assets and liabilities
with the Husband also having an additional "separate" debt of $100k on
account of his in personam liability?
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law Firm
101 N. Brand Blvd. PH 1920
Glendale, CA 91203
Tel: 818.276.2477 | Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
for the purpose of (i) avoiding penalties under the Internal Revenue Code,
or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
So I was preparing my blog for tomorrow's CDI when this thought occurred to me.Wife files bankruptcy and voids a 100k lien. The lien is no longer attached to the property and, upon completion of the Chapter 13 Plan, is permanently void. The obligation to pay is extinguished, as to the Wife, forever.For the sake of simplicity, let's assume the Plan was a 0% plan and there were no other creditors.What happens to the 100k unsecured debt if and when Husband and Wife divorce? Is there a 50% 50% allocation of community assets and liabilities with the Husband also having an additional "separate" debt of $100k on account of his in personam liability?Sincerely,Michael Avanesian, Esq.Avanesian Law Firm101 N. Brand Blvd. PH 1920Glendale, CA 91203
The post was migrated from Yahoo.