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Personal Injury Exemption
charsetndows-1252
I note (in response to Jonathan Leventhal's comment) that 703.140(b)(10)(D) refers to a "payment" for "personal bodily injury" with a $24,060 limit; while 704.140(a) refers to a "claim for personal injury". I think that the coverage of 704 is therefore broader, but have not done the research to see if case law has reined that in.
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Oct 16, 2013, at 5:04 PM, Leventhal Law Group, P.C. wrote:
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> If I recall no exemption for pain and suffering under 704 scheme.
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> Jonathan Leventhal, Esq..
> Leventhal Law Group, P.C.
> 818-347-5800
>
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>
> On Oct 16, 2013, at 4:59 PM, "Jason Wallach" wrote:
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>> If you are using all of the wild card exemption on this personal injury claim, why don't you just amend to state the value is unknown, and claim exemption under CCP 704.140(a) which is an exemption, unlimited in amount, for a pending personal injury claim?
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>> As a general matter, Trustees tend to be very suspicious of valuations of assets that somehow are exactly equal to the maximum exemption claim. Not just in Chapter 13. This is exactly what you described.
>> Jason Wallach
>> jwallach@gladstonemichel.com
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>> On Oct 16, 2013, at 4:47 PM, wrote:
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>>> I have an under median income debtor in a VZ case. She has a slip and fall suit pending. I have no idea what the value is, so I stacked the 703.140(b)(11)(D) bodily Injury exemption on the remaining wild card exemption, used that total as an estimated value on B and claimed the entire amount as exempt ($52,440). I also put language in the plan that any net recovery in excess of this amount would be remitted to the Trustee. Ms Curry's office is objecting, saying I can't use the exemption in this manner. I don't get it. Any takers?
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charsetndows-1252
I note (in response to Jonathan Leventhal's comment) that 703.140(b)(10)(D) refers to a "payment" for "personal bodily injury" with a $24,060 limit; while 704.140(a) refers to a "claim for personal injury". I think that the coverage of 704 is therefore broader, but have not done the research to see if case law has reined that in.Jason
Jason Wallach
The post was migrated from Yahoo.
Sam:
Normal practice. Have they said what there issue is?
BTW: I went to high school with Edna and Ellie Exemption. I can tell you for certain that no one ever objected to those stacked Exemptions. I suppose times have changed.
If you have any questions or concerns, please contact Edna or Ellie.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
charsetndows-1252
If you are using all of the wild card exemption on this personal injury claim, why don't you just amend to state the value is unknown, and claim exemption under CCP 704.140(a) which is an exemption, unlimited in amount, for a pending personal injury claim?
As a general matter, Trustees tend to be very suspicious of valuations of assets that somehow are exactly equal to the maximum exemption claim. Not just in Chapter 13. This is exactly what you described.
Jason Wallach
jwallach@gladstonemichel.com
On Oct 16, 2013, at 4:47 PM, wrote:
>
> I have an under median income debtor in a VZ case. She has a slip and fall suit pending. I have no idea what the value is, so I stacked the 703.140(b)(11)(D) bodily Injury exemption on the remaining wild card exemption, used that total as an estimated value on B and claimed the entire amount as exempt ($52,440). I also put language in the plan that any net recovery in excess of this amount would be remitted to the Trustee. Ms Curry's office is objecting, saying I can't use the exemption in this manner. I don't get it. Any takers?
>
>
>
charsetndows-1252
If you are using all of the wild card exemption on this personal injury claim, why don't you just amend to state the value is unknown, and claim exemption under CCP 704.140(a) which is an exemption, unlimited in amount, for a pending personal injury claim?As a general matter, Trustees tend to be very suspicious of valuations of assets that somehow are exactly equal to the maximum exemption claim. Not just in Chapter 13. This is exactly what you described.
Jason Wallach
The post was migrated from Yahoo.