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Motion to bifurcate for Ch13
Posted: Mon Jul 16, 2012 10:20 am
by Yahoo Bot
A procedural pickle. I attempted to do a motion to bifurcate and convert for
one debtor in a joint 13, and the court kept rejected them. Finally, did a
motion to dismiss as to ONE of the debtors, got it granted, and then filed a
second case for this person as a Chapter 7. No further problems in either
case.
After getting all the appropriate disclosures and waivers signed, of course.
Hale
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The post was migrated from Yahoo.
Motion to bifurcate for Ch13
Posted: Fri Jul 13, 2012 6:49 pm
by Yahoo Bot
That's exactly what I was thinking.
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Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web:
http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
The post was migrated from Yahoo.
Motion to bifurcate for Ch13
Posted: Fri Jul 13, 2012 6:08 pm
by Yahoo Bot
You can't pick sides. Both or none is your choice. Technically you could
rep one, but very little good could come from that and a lot bad could
happen, all to you. What if one of them has a claim against the other? If
one wasted community property, they may have violated their fiduciary duty
to the other. There might have been physical violence as a cause of action.
Whatever the conflict, you cannot take sides. CRPC 3-300.
The best practice is to withdraw from representation of both and let them
each get their own lawyers.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
Motion to bifurcate for Ch13
Posted: Fri Jul 13, 2012 4:51 pm
by Yahoo Bot
I have a similar situation. Wondering if I can even continue
representing either one of them, or both. Someone could do a whole
MCLE just on divorcing chapter 13 clients...
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Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web:
http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
The post was migrated from Yahoo.
Motion to bifurcate for Ch13
Posted: Fri Jul 13, 2012 4:37 pm
by Yahoo Bot
Debtors are divorcing. Wife wants to convert our of case to Ch7 and
Husband will have to stay in the Chapter 13. Does anyone have a motion
to bifurcate they would be willing to share?
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
The post was migrated from Yahoo.