Central District Consumer Bankruptcy Attorney's Association

Nick,
You are amazing.
There's no separate property in my case. It's H's credit card that was
swept into W's 13 which Judge Bason confirmed, and then CR sued H. Debt
was all incurred during the marriage so therefore a community claim. 
While I'm not an expert on comm prop law, I think the CP is relevant if
there's some argument that CR is suing H for H's debt and seeking to
recover it from H's portion of community property. Establishing that H
debt is W's debt via CP also establishes the codebtor component. There
appears to be little case law on this exact issue, so your documents are
greatly appreciated.
I haven't obviously read them thoroughly yet, but your documents are
very helpful. I was prepared to file an A.P, but your Motion re OSC is a
good way to go.
I was kind enough to give CR written warning in response to their
pre-suit postpetition collection letters. They sued. The warnings are
over and it's time to get sanctions.
Hale
On 2/7/2019 5:22 PM, 'Nicholas Gebelt' ngebelt@gebeltlaw.com [cdcbaa] wrote:
> [Attachment(s) from Nicholas Gebelt included below]
>
> Dear Hale,
>
> I have attached Word versions of:  (a) a letter I have successfully
> used to stop codebtor stay violations against a nonfiling spouse, and
> (b) an OSC motion I sucessfully used a few years ago against a coterie
> of codebtor stay violators against a nonfiling spouse.
>
> Even though my wife is from Wisconsin, I can’t opine on Wisconsin
> family law.  However, my reading of § 1301 does not require the
> codebtor to be a nonfiling spouse.  As long as both parties are on the
> debt, § 1301 applies regardless of marital status.  Therefore, I have
> a hard time seeing what relevance family law has on the general
> application of § 1301.
>
> In your client’s case, their marital status can, or course, be used to
> establish joint liability on the debt, thus implicating § 1301.  If
> there is no separate property in your client’s case, the /Smith/
> holding is inapposite to the analysis.  Can you establish the absence
> of separate property?
>
> All the best,
>
> Nick
>
> */Nicholas Gebelt/*
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Attorney at Law
>
> Certified Bankruptcy Law Specialist – State Bar of California Board of
> Legal Specialization
>
> Description: Description: Description: cid:image003.jpg@01CC076B.B14D73C0
>
> Law Offices of Nicholas Gebelt
>
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>
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>
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> Email: ngebelt@goodbye2debt.com
>
> Web: www.goodbye2debt.com
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> *From:* cdcbaa@yahoogroups.com
> *Sent:* Wednesday, February 06, 2019 8:27 PM
> *To:* cdcbaa Listserv
> *Subject:* [cdcbaa] Automatic Stay and Co-debtor
>
> Chapter 13, wife files, non-debtor husband listed on Schedule H as
> co-debtor, since debts occurred during marriage here in CA. We're a
> year in, and credit card company serves husband with a lawsuit at home
> for debt listed in the case on F and H.
>
> Sounds like a violation of 362 and 1301. I've prosecuted stay
> violations before, but not a non-debtor spouse 1301 issue. Poking
> around for case law on the issue to find some support, and I stumble
> upon this:
>
> 7th Circuit says
>
> in Wisconsin (also a CP state) in _Smith v Capital One_ 845 F.3d 256
> (2016) that a lawsuit against co-debtor isn't a violation, since the
> App Court wrote:
>
> Even if appellant's reading of § 1301 were correct, application of
> Wisconsin marital law would not convert her husband's debts into
> her own. In Wisconsin, married individuals can have both
> individual and marital property
>
> A.P. properly dismissed. I feel like I'm taking crazy pills.
>
> So now my question is, to you family law gurus (@PatrickGreen - wait,
> tagging doesn't work in emails), is CA like Wisconsin family law, or
> is there a violation of the stay in my 13?
>
> Thanks in advance,
>
> Hale
>
> --
> */Hale Andrew Antico/*
>
> (888) 54-BKLAW
> http://www.los-angeles-bankruptcy.net
>
> /Vice-President, Central Dist Consumer Bankruptcy Attorneys'
> Assn.(CDCBAA)/
> /Past President, James T. King Bankruptcy Inn of Court/
> /Member, National Association of Consumer Bankruptcy Attorneys (NACBA)/
>
> /We are a federally designated Debt Relief Agency under the United
> States Bankruptcy Laws./
> /We assist people with finding solutions to their debt problems,
> including, where appropriate, assisting them with the filing of
> petitions for relief under the United States Bankruptcy Code./
>
> /Email isn't secure, so it's not confidential.. By communicating with
> me by email, you understand that it's not confidential./
>
> /This does not constitute an electronic signature./
>
> --
> */Hale Andrew Antico/*
>
> (888) 54-BKLAW
> http://www.los-angeles-bankruptcy.net
>
> /Vice-President, Central Dist Consumer Bankruptcy Attorneys'
> Assn.(CDCBAA)/
> /Past President, James T. King Bankruptcy Inn of Court/
> /Member, National Association of Consumer Bankruptcy Attorneys (NACBA)/
>
> /We are a federally designated Debt Relief Agency under the United
> States Bankruptcy Laws./
> /We assist people with finding solutions to their debt problems,
> including, where appropriate, assisting them with the filing of
> petitions for relief under the United States Bankruptcy Code./
>
> /Email isn't secure, so it's not confidential. By communicating with
> me by email, you understand that it's not confidential./
>
> /This does not constitute an electronic signature./
>
>
*/Hale Andrew Antico/*
(888) 54-BKLAW
http://www.los-angeles-bankruptcy.net
/Vice-President, Central Dist Consumer Bankruptcy Attorneys' Assn.(CDCBAA)/
/Past President, James T. King Bankruptcy Inn of Court/
/Member, National Association of Consumer Bankruptcy Attorneys (NACBA)/
/We are a federally designated Debt Relief Agency under the United
States Bankruptcy Laws./
/We assist people with finding solutions to their debt problems,
including, where appropriate, assisting them with the filing of
petitions for relief under the United States Bankruptcy Code./
/Email isn't secure, so it's not confidential. By communicating with me
by email, you understand that it's not confidential./
/This does not constitute an electronic signature./

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