Can debtor offset priority 507(a)(1)(A) debt owed to =
Posted: Mon Jan 23, 2012 4:52 pm
Isn't an OSC re: offset of arrears/medical reimbursements in the family court disso case appropriate/more appropriate to make a determination of what, if anything is owed?
Sincerely,
Tyson M. Takeuchi, Esq.
Tyson M. Takeuchi
Certified
Bankruptcy Specialist*^
Law Offices of Tyson M. Takeuchi
1100
Wilshire Blvd., Ste. 2606
Los Angeles, CA 90017
tel: (213)
637-1866
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*By State Bar of California Board of
Legal Specialization
^Consumer Bankruptcy Specialist Certified by
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To: cdcbaa@yahoogroups.com
Date: Tue, 24 Jan 2012 00:17:54 +0000
Subject: [cdcbaa] Re: Can debtor offset priority 507(a)(1)(A) debt owed to ex-wife with unsecured medical debt reimbursement she owes him?
Section 553 says (basically) the right to setoff don't go away in bk. If it could be setoff in state court it can be set off in bk. So PL is right again.
>
> Schedule as $0, but describe the offset. If claim filed for back alimony, file motion to disallow. Judge can presumably enter a final order since core matter and necessary to resolve allowance of claim.
>
> Sent from my iPhone
>
> On Jan 23, 2012, at 2:21 PM, Holly Roark wrote:
>
> > I am trying to figure out how to present this in Debtor's chapter 13. He owes back alimony of $20K. She owes him $20K reimbursment on medical debt. Can these debts be offset? How would you present this in a Chapter 13 Plan?
> >
> > --
> >
> > Holly Roark
> > holly@...
> > www.roarklawoffices.com
> > Central District of California
> > Consumer Bankruptcy Attorney
> > 1875 Century Park East, Suite 600
> > Los Angeles, CA 90067
> > T (310) 553-2600
> > F (310) 553-2601
> >
> >
> >
>
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