Non-filing spouse personal injury proceeds = separate
Posted: Mon Aug 15, 2016 3:24 pm
What if there isn't an award yet? I have a complex scenario
involving multiple parties. (H) filed a Chapter 7 case and is a
defendant in a lawsuit which he is really the main one responsible
for the damages. The other defendants have the ability to do a
global settlement with the plaintiffs if able to lien the proceeds
from (W's) personal injury suit (which W is willing to do). The
real question is: Is the PI suit property of the bankruptcy estate
and, therefore, the Trustee has sole discretion as to whether to
allow any liens against the proceeds? It would be great if we didn't
have to involve the bankruptcy Trustee/court.
On 8/15/2016 2:54 PM, 'Desiree Causey 714-372-2225'
causeylaw@gmail.com [cdcbaa] wrote:
>
>
> This is not my understanding. I think you have to look at the
> details of what the personal injury proceeds are for.
> Hypothetical: If the award if $50,000, and $10,000 is for lost
> wages during marriage and $40,000 is for a permanently injured
> body part, I understand the rule to be $10,000 for the lost wages
> that occurred during marriage is CP, and the $40,000 for the
> injured body part is SP to the person with the injury. It is not
> as simple at saying all personal injuries are created equal and
> are CP.
>
> Just my thoughts.
>
> __
>
> Desiree Causey, Esq.
>
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> *From:*cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Monday, August 15, 2016 2:36 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Non-filing spouse personal injury proceeds
> = separate property?
>
> That was my understanding too, but someone indicated there might
> be the exception I mentioned.
>
> On 8/15/2016 2:17 PM, Nicholas Gebelt ngebelt@gebeltlaw.com
> [cdcbaa] wrote:
>
> Dear Mark,
>
> My understanding has always been that in the absence of a
> prenuptial agreement, community property consists of
> everything other than that with which a spouse enters the
> marriage, and anything a spouse inherits. By that standard a
> post wedding day personal injury claim is community property.
> However, a maven like Pat Green might know of an exception to
> this rule. Pat?
>
> Nick
>
> */Nicholas Gebelt/*
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> Nicholas Gebelt, Ph.D., J.D.
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> *From:*cdcbaa@yahoogroups.com
> [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Monday, August 15, 2016 12:37 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Non-filing spouse personal injury proceeds
> = separate property?
>
> If the non-filing spouse of a Chapter 7 debtor has an
> entitlement to proceeds for a personal injury (products
> liability) claim, is that a community asset, or separate
> property? Someone told me it might be separate property since
> it's "personal" in nature and not assignable.
>
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> Law Office of Mark J. Markus
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> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
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> Certified Bankruptcy Law Specialist--The State Bar of California
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> NOTICE: This Electronic Message contains information from the law
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Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (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
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
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in this communication (or in any attachment) is not intended or
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The post was migrated from Yahoo.