I agree. 703(b)(10) does not mention workers' compensation benefits at all.
M. Erik Clark
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*From:*
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] *On Behalf
Of *Mark J. Markus
*Sent:* Wednesday, April 23, 2014 11:58 AM
*To:*
cdcbaa@yahoogroups.com
*Subject:* Re: [cdcbaa] Undisclosed Workers' Comp claim in confirmed 13
I haven't researched this in a while, but which subsection of (b)(10)
applies to workers' compensation benefits? I thought one had to use
704.160 to exempt workers comp. benefits.
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Mark J. Markus
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On 4/23/2014 11:10 AM, Peter M. Lively wrote:
Yes
No
No
No
Peter M. Lively, J.D., M.B.A.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Tuesday, April 22, 2014 5:59 PM, Jay Fleischman
wrote:
I've got a client in a confirmed Chapter 13 case (703 exemptions); she
disclosed to me just a few days ago that she's got a workers'
compensation claim that recently settled.
A few questions:
1. Am I correct that 703.140(b)(10) will serve to exempt the workers'
compensation award in full?
2. Do I need to move for employment of workers' compensation counsel?
3. Do I need to move for approval of the workers' compensation award?
4. Presuming that (1) is correct, is there any reason for me to amend
the Chapter 13 Plan?
This may all be elementary, but in my former life the answers to (2)
and (3) would be a resounding, "yes." That said, counterparts in NDCA
tell me that the answers are not the same there. A review of the local
rules and forms does not point to an answer.
Thanks for all input.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
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