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relief automatic stay in disso
I believe the wife can file an objection to all the CCP 703.140
exemption claims and force the husband to use only the CCP 704's, thus
preserving the homestead exemption.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
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On Thu 16/04/09 6:26 PM , "Patrick Green" pat@fitzgreenlaw.com sent:
Depending on the net value of the community estate, I dont think
all is lost here. Spouses, even in the middle of a divorce have
fiduciaries towards each other. The family law court can take this
into consideration when dividing the remaining CP. The issue will be
how to figure the damages.
The attorney filing the BK for the H (assuming he had counsel)
could, after the FL court has made the fair adjustments in the
division of property which leaves H with less (possibly much less),
than he would otherwise get, find him or herself facing an expensive
malpractice action.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
FROM: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] ON
BEHALF OF lindseybgreen
SENT: Wednesday, April 15, 2009 4:22 PM
TO: cdcbaa@yahoogroups.com
SUBJECT: [cdcbaa] relief automatic stay in disso
Facts: Husband and wife are going through divorce. Husband files Ch.
7 BK with community property house having a fair market value of
$400,000 and mortgage of $80,000. Husband is not living in house and
using 703 for exemptions to protect some liquid assets. I believe Ch.
7 Trustee will want to sell house. Wife will file motion for relief
from automatic stay and want to litigate the property issues in the
dissolution action rather than in the bankruptcy court. What result on
the motion for relief from automatic stay and trustee wanting to sell
house?
Thank you in advance.
Lindsey B. Green, Esq.
Gumm & Green, LLP, Attorneys at Law
5743 Corsa Ave., Suite 111
Westlake Village, CA 91362
phone: 818 707 4233
fax: 818 707 4262
e-mail- Lindsey@gummandgreen.com [1]
website- gummandgreen.com
Links:
[1] mailto:Lindsey@gummandgreen.com
[2]
The post was migrated from Yahoo.
Depending on the net value of the community estate, I don't think all is
lost here. Spouses, even in the middle of a divorce have fiduciaries
towards each other. The family law court can take this into consideration
when dividing the remaining CP. The issue will be how to figure the
damages.
The attorney filing the BK for the H (assuming he had counsel) could, after
the FL court has made the fair adjustments in the division of property which
leaves H with less (possibly much less), than he would otherwise get, find
him or herself facing an expensive malpractice action.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
charset="windows-1251"
Larry makes a good point, except that if they are in divorce proceedings,
the property is Community notwithstanding the recorded form of ownership per
Cal Fam Code. As such, M362 denied, Trustee gets to sell.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
larry@lsimonslaw.com
Sent: Thursday, April 16, 2009 7:52 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] relief automatic stay in disso
How are they listed on title? As joint tenants? Trustee will have to file
363(h) complaint and then disburse half of sale proceeds to wife (or
different percentage if ordered by family law ct)
Sent via BlackBerry by AT&T
_____
The post was migrated from Yahoo.
Lindsey- had thisbefore J. Thompson. I filed RFS Motion forwife. Trustee's position wasthatthere was no prior ruling on property division in family law court and that all comunityproperty comes into the Estate to be administered by the Trustee. I lost the RFS Motion. My client was living in the house and making the payments. We tried to cut deal with the Trustee to no avail. Ultimately, my client walked away.What should have been an asset case turned out to be a no asset case.
Andrew Goodman
LAW OFFICES OF ANDREW GOODMAN
21650 Oxnard Street, Suite 500
Woodland Hills, CA. 91367
818-827-9250
818-932-3684-fax
andyg1207@yahoo.com
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wednesday, April 15, 2009 4:22:02 PM
Subject: [cdcbaa] relief automatic stay in disso
Facts: Husband and wife are going through divorce. Husband files Ch. 7 BK with community property house having a fair market value of $400,000 and mortgage of $80,000. Husband is not living in house and using 703 for exemptions to protect some liquid assets. I believe Ch. 7 Trustee will want to sell house. Wife will file motion for relief from automatic stay and want to litigate the property issues in the dissolution action rather than in the bankruptcy court. What result on the motion for relief from automatic stay and trustee wanting to sell house?
Thank you in advance.
Lindsey B. Green, Esq.
Gumm & Green, LLP, Attorneys at Law
5743 Corsa Ave., Suite 111
Westlake Village, CA 91362
phone: 818 707 4233
fax: 818 707 4262
e-mail- Lindsey@gummandgree n.com
website- gummandgreen. com
Lindsey- had this before J. Thompson. I filed RFS Motion for wife. Trustee's position was that there was no prior ruling on property division in family law court and that all comunity property comes into the Estate to be administered by the Trustee. I lost the RFS Motion. My client was living in the house and making the payments. We tried to cut deal with the Trustee to no avail. Ultimately, my client walked away. What should have been an asset case turned out to be a no asset case.
Andrew GoodmanLAW OFFICES OF ANDREW GOODMAN21650 Oxnard Street, Suite 500
Woodland Hills, CA. 91367
818-827-9250
818-932-3684-fax
The post was migrated from Yahoo.
charset="windows-1251"
M362 denied. Trustee sells house.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
The post was migrated from Yahoo.
Facts: Husband and wife are going through divorce. Husband files Ch. 7 BK with community property house having a fair market value of $400,000 and mortgage of $80,000. Husband is not living in house and using 703 for exemptions to protect some liquid assets. I believe Ch. 7 Trustee will want to sell house. Wife will file motion for relief from automatic stay and want to litigate the property issues in the dissolution action rather than in the bankruptcy court. What result on the motion for relief from automatic stay and trustee wanting to sell house?
Thank you in advance.
Lindsey B. Green, Esq.
Gumm & Green, LLP, Attorneys at Law
5743 Corsa Ave., Suite 111
Westlake Village, CA 91362
phone: 818 707 4233
fax: 818 707 4262
e-mail- Lindsey@gummandgreen.com
website- gummandgreen.com
The post was migrated from Yahoo.