Central District Consumer Bankruptcy Attorney's Association

FYI - *
California FAMILY.CODE *
*SECTION 4400-4405 *
4400. Except as otherwise provided by law, an adult child shall, to
the extent of his or her ability, support a parent who is in need
and unable to maintain himself or herself by work.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Wed, Mar 28, 2012 at 1:14 PM, Holly Roark wrote:
> Can someone point me in the direction of a good treatise on fraudulent
> transfer defense? Thank you.
>
> I have a case where nondebtor wife always pays her elderly moms mortgage
> each month and has for about 11 years. She did this prior to marriage for
> several years so she arguably has a separate property equitable interest in
> that real property, but she also did this subsequent to marriage (without a
> prenup), which means (1) the debtor arguably has an equitable community
> property interest in mother-in-laws house, but more importantly, (2) there
> may be an issue of constructive fraud as to those transfers of community
> property funds for mother-in-law's benefit while the debtor was insolvent.
>
> Mother-in-law is elderly so I don't know about the practical aspect of
> suing her for turnover of the funds. Also, there is little to no equity in
> the property. Debtor is broke. How does a trustee recover anything in
> this scenario? From whom?
>
>
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
>
FYI - California FAMILY.CODE
SECTION 4400-4405
4400. Except as otherwise provided by law, an adult child shall, to
the extent of his or her ability, support a parent who is in need
and unable to maintain himself or herself by work.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Wed, Mar 28, 2012 at 1:14 PM, Holly Roark <hollyroark22@gmail.com> wrote:
Can someone point me in the direction of a good treatise on fraudulent transfer defense? Thank you.I have a case where nondebtor wife always pays her elderly moms mortgage
each month and has for about 11 years. She did this prior to marriage for several years so she arguably has a separate property
equitable interest in that real property, but she also did this subsequent to marriage
(without a prenup), which means (1) the debtor arguably has an equitable community
property interest in mother-in-laws house, but more importantly, (2) there may be
an issue of constructive fraud as to those transfers of community property funds for mother-in-law's benefit while the debtor
was insolvent.
Mother-in-law is elderly so I don't know about the practical aspect of suing her for turnover of the funds. Also, there is little to no equity in the property. Debtor is broke. How does a trustee recover anything in this scenario? From whom?
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T
The post was migrated from Yahoo.

Can someone point me in the direction of a good treatise on fraudulent
transfer defense? Thank you.
I have a case where nondebtor wife always pays her elderly moms mortgage
each month and has for about 11 years. She did this prior to marriage for
several years so she arguably has a separate property equitable interest in
that real property, but she also did this subsequent to marriage (without a
prenup), which means (1) the debtor arguably has an equitable community
property interest in mother-in-laws house, but more importantly, (2) there
may be an issue of constructive fraud as to those transfers of community
property funds for mother-in-law's benefit while the debtor was insolvent.
Mother-in-law is elderly so I don't know about the practical aspect of
suing her for turnover of the funds. Also, there is little to no equity in
the property. Debtor is broke. How does a trustee recover anything in
this scenario? From whom?
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
Can someone point me in the direction of a good treatise on fraudulent transfer defense? Thank you.I have a case where nondebtor wife always pays her elderly moms mortgage
each month and has for about 11 years. She did this prior to marriage for several years so she arguably has a separate property
equitable interest in that real property, but she also did this subsequent to marriage
(without a prenup), which means (1) the debtor arguably has an equitable community
property interest in mother-in-laws house, but more importantly, (2) there may be
an issue of constructive fraud as to those transfers of community property funds for mother-in-law's benefit while the debtor
was insolvent.
Mother-in-law is elderly so I don't know about the practical aspect of suing her for turnover of the funds. Also, there is little to no equity in the property. Debtor is broke. How does a trustee recover anything in this scenario? From whom?
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601

The post was migrated from Yahoo.