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Interesting fact pattern - deceased debtor, joint case, not married
Erik:
It has been years since i filed a motion to bifurcate, but it was granted.d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Dec 9, 2015, at 3:58 PM, Erik Clark eclark@blclaw.com [cdcbaa] wrote:
>
> Clients come in and tell me theyre married. We file a joint petition. Within a week of filing the husband dies. Turns out they were not married but thought they were because of common law.
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> Tee says case needs to be dismissed and refilled just for her.
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> Can I file a motion to bifurcate the case and let the deceased debtor>
>
>
> Anyone have any thoughts?
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>
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> M. Erik Clark
>
> 100 N. Barranca Street, Suite 250
> West Covina, CA 91791
>
> www.BorowitzClark.com
> Office: (626) 332-8600
> Fax: (626) 332-8644
> Board Certified in Consumer Bankruptcy
> American Board of Certification
>
>
>
> Dont forget to give us a 5 star Yelp review at www.yelp.com and Like us at "www.facebook.com/BCLaw.LLP
>
>
>
>
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It has been years since i filed a motion to bifurcate, but it was granted. dDennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice100 N. Barranca Street, Suite 250West Covina, CA 91791www.BorowitzClark.comOffice: (626) 332-8600Fax: (626) 332-8644Board Certified in Consumer Bankruptcy American Board of Certification Dont forget to give us a 5 star Yelp review at www.yelp.com and Like us at "www.facebook.com/BCLaw.LLP
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Thank you Peter and David. Now I know what needs to happen. Appreciate the
input
On Wednesday, December 9, 2015, David Tilem DavidTilem@TilemLaw.com
[cdcbaa] wrote:
>
>
> I think one has to dismiss and refile I dont think you can bifurcate.
> Had this out with the Clerks office some time ago.
>
>
>
> *From:* cdcbaa@yahoogroups.com
> [mailto:
> cdcbaa@yahoogroups.com
> ]
> *Sent:* Wednesday, December 09, 2015 5:10 PM
> *To:* cdcbaa@yahoogroups.com
>
> *Subject:* RE: [cdcbaa] Interesting fact pattern - deceased debtor, joint
> case, not married
>
>
>
>
>
> They werent Just been together forever here in CA
>
>
>
> M. Erik Clark
> [image: small logo (2)]
> 100 N. Barranca Street, Suite 250
> West Covina, CA 91791
>
> www.BorowitzClark.com
> Office: (626) 332-8600
> Fax: (626) 332-8644
> Board Certified in Consumer Bankruptcy
> American Board of Certification
>
>
>
> *Dont forget to give us a 5 star Yelp review at www.yelp.com
> and Like us at "www.facebook.com/BCLaw.LLP
> *
>
>
>
> *From:* cdcbaa@yahoogroups.com
> [mailto:
> cdcbaa@yahoogroups.com
> ]
> *Sent:* Wednesday, December 09, 2015 5:08 PM
> *To:* cdcbaa@yahoogroups.com
>
> *Subject:* RE: [cdcbaa] Interesting fact pattern - deceased debtor, joint
> case, not married
>
>
>
>
>
> Common law marriages are valid in some jurisdictions not in CA. Where
> were they married?
>
>
>
> *From:* cdcbaa@yahoogroups.com
> [
> mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Wednesday, December 09, 2015 3:59 PM
> *To:* cdcbaa@yahoogroups.com
>
> *Subject:* [cdcbaa] Interesting fact pattern - deceased debtor, joint
> case, not married
>
>
>
>
>
> Clients come in and tell me theyre married. We file a joint petition.
> Within a week of filing the husband dies. Turns out they were not
> married but thought they were because of common law.
>
>
>
> Tee says case needs to be dismissed and refilled just for her.
>
>
>
> Can I file a motion to bifurcate the case and let the deceased debtor> case get dismissed and carry on with hers?
>
>
>
> Anyone have any thoughts?
>
>
>
>
>
>
>
> M. Erik Clark
> [image: small logo (2)]
> 100 N. Barranca Street, Suite 250
> West Covina, CA 91791
>
> www.BorowitzClark.com
> Office: (626) 332-8600
> Fax: (626) 332-8644
> Board Certified in Consumer Bankruptcy
> American Board of Certification
>
>
>
> *Dont forget to give us a 5 star Yelp review at www.yelp.com
> and Like us at "www.facebook.com/BCLaw.LLP
> *
>
>
>
>
>
Sent from Gmail Mobile
Thank you Peter and David. Now I know what needs to happen. Appreciate the inputOn Wednesday, December 9, 2015, David Tilem DavidTilem@TilemLaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
I think one has to dismiss and refile I dont think you can bifurcate. Had this out with the Clerks office some time ago.
The post was migrated from Yahoo.
Can the deceased debtors estate benefit from the bankruptcy? I believe the executor can keep the bankruptcy open. What chapter?
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"
Law Offices of Larry Webb
484 Mobil Ste 43
Camarillo Ca 93010
P 805.987.1400
C 805.750.2150
The post was migrated from Yahoo.
Clients come in and tell me theyre married. We file a joint petition.
Within a week of filing the husband dies. Turns out they were not
married but thought they were because of common law.
Tee says case needs to be dismissed and refilled just for her.
Can I file a motion to bifurcate the case and let the deceased debtorcase get dismissed and carry on with hers?
Anyone have any thoughts?
M. Erik Clark
[image: small logo (2)]
100 N. Barranca Street, Suite 250
West Covina, CA 91791
www.BorowitzClark.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
*Dont forget to give us a 5 star Yelp review at www.yelp.com
and Like us at "www.facebook.com/BCLaw.LLP
*
The post was migrated from Yahoo.