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Married Couple with competing BKs
All the property is undivided community property and husband does pass the
liquidation test for his Chapter 13.
So Wifes Chapter 7 trustee would be pushing for liquidation and HusbandChapter 13 trustee would not. So how does this get decided?
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100 (NEW ADDRESS AS OF DECEMBER 2014)
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
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Desiree:
Community property is property of the estate in H's bk. Is there separate property also? If there are nonexempt assets, will he pass the liquidation test for his 13? Need lots of facts before opining.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green, Attorneys at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: (626) 449-8433
Fax: (626) 449-0565
pat@fitzgreenlaw.com
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These parties have a status dissolution with a reservation on the division
of debts and assets. Husband has a unconfirmed Chapter 13 pending. Wife
has zero money, little income, some marital assets that would not be exempt
in a Chapter 7 liquidation scenarios (and she is fine with liquidation).
Should she file for Chapter 7, what is likely to be the outcome. Has
someone seen a case like this?
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100 (NEW ADDRESS AS OF DECEMBER 2014)
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
protected by the Electronic Communications Privacy Act (18 USC
2510-2521), (b) may contain confidential and/or legally privileged
information, and (c) are for the sole use of the intended recipient named
above. If you have received this electronic message in error, please notify
the sender and delete the electronic message. Any disclosure, copying,
distribution, or use of the contents of the information received in error is
strictly prohibited.
Please consider the environment before printing this e-mail.
The post was migrated from Yahoo.