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bankruptcy and divorce
Under what theory can the mere act of filing for relief under the
bankruptcy code be a breach of fiduciary duty??? Under federal law
husband has the right to file under the bankruptcy code as established
by Congress pursuant to the bankruptcy clause of the Constitution.
State law cannot preempt that. If husband breached the fiduciary
duty to his spouse by improper actions before the petition was filed,
wife may have a 523(a)(4) claim, but that has nothing to do with the
mere act of filing a bankrupty petition. Obviously 523(a)(5) applies
for any debts owed wife by husband in the nature of support. 523(a)15
does not appear in play based upon the facts provided. If wife was
not noticed as a creditor she can always file an adversary complaint
pursuant to Section 523(a)(3) if it is factually applicable.
Sometimes filing for bankruptcy relief is the smartest option in the
middle of a divorce where there are assets availble to pay debts and
there is an intransigent spouse on the other side refusing to
cooperate on asset and debt division. Letting the Chapter 7 trustee
fight the battle over asset division rather than a cash drained debtor
is certainly not improper when creditors are not being paid and assets
are being dissipated by unnecessary litigation expendatures. 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
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On Mon 5/07/10 2:53 PM , robert90701@aol.com sent:
Thanks for the response. Although your answer was not the answer I
expected I can think of one tort which is Breach of Fiduciary Duty,
since they are still spouses. In a message dated 7/5/2010 5:29:38
P.M. Pacific Daylight Time, wavery@rpmlaw.com writes:
Filing for bankruptcy is a constitutional right, so it is hard to
imagine any factual scenario where it is a tort.
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Mon Jul 05 13:49:27 2010
Subject: [cdcbaa] BANKRUPTCY AND DIVORCE
Happy July 5th:
The question below was posed to me recently and I would
like your valued opinion please.
I am going though a divorce at this time. Without notifying me, my
spouse filed a ch 7. We have not agreed on anything yet on division of
assets/liabilities, etc. What are my potential damages?
Sincerely yours,
Robert Suhajda
Links:
[1] mailto:cdcbaa@yahoogroups.com?subjectRe: [cdcbaa] BANKRUPTCY AND
DIVORCE
[2]
The post was migrated from Yahoo.
Thanks for the response. Although your answer was not the answer I expected
I can think of one tort which is Breach of Fiduciary Duty, since they
are still spouses.
In a message dated 7/5/2010 5:29:38 P.M. Pacific Daylight Time,
wavery@rpmlaw.com writes:
Filing for bankruptcy is a constitutional right, so it is hard to imagineany factual scenario where it is a tort.
To: cdcbaa@yahoogroups.To: cdcb
Sent: Mon Jul 05 13:49:27 2010
Subject: [cdcbaa] BANKRUPTCY AND DIVORCE
Happy July 5th:
The question below was posed to me recently and I would
like your valued opinion please.
I am going though a divorce at this time. Without notifying me, my spousefiled a ch 7. We have not agreed on anything yet on division of
assets/liabilities, etc. What are my potential damages?
Sincerely yours,
Robert Suhajda
Thanks for the response. Although your answer was not the answer
I expected
I can think of one tort which is Breach of Fiduciary Duty, since they
are still spouses.
In a message dated 7/5/2010 5:29:38 P.M. Pacific Daylight Time,
wavery@rpmlaw.com writes:
Filing for bankruptcy is a constitutional right, so it is hard
to imagine any factual scenario where it is a tort.----- Original
<cdcbaa@yahoogroups.com>To: cdcbaa@yahoogroups.com
<cdcbaa@yahoogroups.com>Sent: Mon Jul 05 13:49:27
2010Subject: [cdcbaa] BANKRUPTCY AND DIVORCE Happy
July 5th:The question below was posed to me recently and I
wouldlike your valued opinion please.I am going though a divorce at this time. Without notifying me, my spouse filed a ch 7. We have
not agreed on anything yet on division of assets/liabilities, etc. What
are my potential damages?Sincerely
yours,Robert Suhajda
The post was migrated from Yahoo.
Happy July 5th:
The question below was posed to me recently and I would
like your valued opinion please.
I am going though a divorce at this time. Without notifying me, my spouse
filed a ch 7. We have not agreed on anything yet on division of
assets/liabilities, etc. What are my potential damages?
Sincerely yours,
Robert Suhajda
Happy July 5th:
The question below was posed to me recently and I would
like your valued opinion please.
I am going though a
divorce at this time. Without notifying me, my spouse filed a ch 7. We have not
agreed on anything yet on division of assets/liabilities, etc.
Sincerely yours,
Robert
The post was migrated from Yahoo.
Answers:
1. No.
2. Discovery
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
rachelleshak
Sent: Friday, June 25, 2010 3:10 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] bankruptcy and divorce
Under sections 523(a)(5)
and 523(a)(15)martital debts in a settlement agreement are
non-dischargeable. In practical terms,since the creditors don't usually know
about the terms of the settlement agreement, does the trustee notify the
creditors after looking at the settlement agreement that these debts are
non-dischargeable ?
Also, since you have to list all community debts and the couple have
recently separated, how does one get access the accounts that are under the
x spouse's name and don't show up under your client/spouse's credit report
given that absent consent from the x spouse we can't pull a credit report?
Thanks in advance.
Message
Answers:
1.
No.
2.
Discovery
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Under sections 523(a)(5)
and 523(a)(15)martital debts in a settlement agreement are non-dischargeable. In practical terms,since the creditors don't usually know about the terms of the settlement agreement, does the trustee notify the creditors after looking at the settlement agreement that these debts are non-dischargeable ?
Also, since you have to list all community debts and the couple have recently separated, how does one get access the accounts that are under the x spouse's name and don't show up under your client/spouse's credit report given that absent consent from the x spouse we can't pull a credit report?
Thanks in advance.
The post was migrated from Yahoo.