Undisclosed Workers' Comp claim in confirmed 13=20
Posted: Fri May 02, 2014 10:04 am
I tried to cite a case like that once, it didn't go over too well with
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On Thursday, May 1, 2014 1:35 PM, Shannon Doyle wrote:
Debtor must be in 704 to exempt the workers comp unless you can cover it under the wildcard. There was a California case that I cant put my fingers on but it said workers comp is not considered disability. It is considered past and/or future wages and future medical and is not covered under 703.140(b)(10)(c).
Shannon A. Doyle
Attorney at Law
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West Covina, CA 91791-1600
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From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Jay Fleischman
Sent: Tuesday, April 22, 2014 5:59 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Undisclosed Workers' Comp claim in confirmed 13
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
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