Central District Consumer Bankruptcy Attorney's Association

Opps, I meant703.140(b)(10)(c)
"A disability, illness, or unemployment benefit."
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 , Peter M. Lively wrote:
See 703.140(a)(10)(c) and 703.080 and In re Gardner.
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 Friday, April 25, 2014 11:06 AM, Hale Andrew Antico wrote:
I'm with Mark on this one.
From http://codes.lp.findlaw.com/cacode/CCP/ ... 1/s703.140,
703.140(b)(10) includes subsections (paraphrasing):
A) SS or unemployment
B) vets
C) disability or illness (?)
D) alimony/support (limited)
E) stock/annuity (limited)
I don't see how this section covers WC unless it's shoehorned
into C).
Searching "703.140(b)(10) workman's compensation" and
"703.140(b)(10) workers compensation" in scholar.google.com for our circuit gave
four results, none of which seem to be relevant.
Maybe I'm dumb, but don't WC benefits (other than the
wildcard) necessitate the 704s, specifically CCCP 704.160? If there's a 703section, please point me to it. It doesn't seem to be
703.140(b)(10).
Hale
________________________________
[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.
*************************
Mark J. Markus
Law Office of Mark J.
Markus
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#403
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Certified Bankruptcy
Law Specialist--The State Bar of California Board of Legal
Specialization
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in this communication. 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 mailto:bankruptcy@gmail.com 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
>
>I
help people get smart solutions to their bill problems.
>
>http://www.consumerhelpcentral.com/
>
>556 S Fair Oaks Ave Ste 101-152
>Pasadena CA 91105-2656
>
>T: 626-808-4343
x704
>E: jay@sflawca.com
>
>Email isn't secure, so it's not confidential. By communicating
with
>me by email, you understand that it's not confidential.
>
>
>

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