.jpg)
Community discharge in Chapter 11 cases
Jim.
11 will be difficult. The stay expires upon confirmation. What I would do is not file a ds or plan until the 523 deadline runs. Then I would write the ds and plan specifically stating the 523 deadline had run, That the Debtor is relying on the cp discharge. What is crazier still, put in a provision that despite 1141, property does not revert to the debtor on confirmation, but remains property of the estate and cannot be attached by creditors.
Sent from my iPhone
On Apr 11, 2012, at 2:47 PM, Jim Selth wrote:
> To all the group (but especially Dennis M., the guru of the innocent spouse community discharge issue):
>
>
>
> Are there any special issues which arise concerning the innocent spouse community discharge issue in a Chapter 11 individual case? I assume most of the issues in a Chapter 7 are analogous, for example, the creditor of the guilty nondebtor spouse who had knowledge of the innocent spouses case would have to timely file a Complaint under 523.
>
>
>
> But in a Chapter 11 case, the discharge is not entered until the plan payments are completed (or early discharge granted under 1141(d)(5)(B)). If the Chapter 11 case is closed after confirmation to be reopened upon the completion of Plan payments to enter the discharge, is there still a community stay during the 5-year period of Plan payments protecting community earnings and assets from the creditor of the guilty nondebtor spouse? Would such language have to be included in the Plan?
>
>
>
> Jim
>
>
>
> James R. Selth
>
> Certified Bankruptcy Specialist*
>
> Weintraub & Selth, APC
>
> 11766 Wilshire Boulevard, Suite 1170
>
> Los Angeles, California 90025
>
> Telephone: (310) 207-1494
>
> Facsimile: (310) 442-0660
>
> E-Mail: jim@wsrlaw.net
>
>
>
> *Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
>
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
>
Jim. 11 will be difficult. The stay expires upon confirmation. What I would do is not file a ds or plan until the 523 deadline runs. Then I would write the ds and plan specifically stating the 523 deadline had run, That the Debtor is relying on the cp discharge. What is crazier still, put in a provision that despite 1141, property does not revert to the debtor on confirmation, but remains property of the estate and cannot be attached by creditors. Sent from my iPhoneOn Apr 11, 2012, at 2:47 PM, Jim Selth <jim@wsrlaw.net> wrote:
The post was migrated from Yahoo.