.jpg)
Property transfered to non-filing spouse as sole and separate
yes, there is also a presumption that title is held as the title says it
is. Pat Green, whose firm is also a family law firm, actually explained
the issues he could from the fact pattern in a previous email in this email
chain.
On Fri, Mar 22, 2019 at 8:54 AM Shannon Doyle
sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
>
> Yes that is the question. Is it separate property if deed to husband as
> his separate property during marriage? Does the transfer and title
> overcome the presumption of community property? Is was deeded from a third
> party trust so I am still looking into whether it may be an inheritance
> which would be separate property.
>
>
>
>
>
> [image: Description: Description: Description: shannon-headshot6]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Direct Line: 855-378-4080*
>
> *Direct Fax: 562-249-8435*
>
> *Licensed in California*
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Thursday, March 21, 2019 5:16 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] RE: Property transfered to non-filing spouse as
> sole and separate
>
>
>
>
>
> The way the hypothetical is worded seems to suggest that the question is
> whether the property is separate or community property. If separate and
> she files alone, there doesn't seem to be any reason the Trustee can reach
> that property and vice versa.
>
>
>
> On Thu, Mar 21, 2019 at 2:40 PM Shannon Doyle
> sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
>
>
> Anyone?
>
>
>
> [image: Description: Description: Description: shannon-headshot6]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Direct Line: 855-378-4080*
>
> *Direct Fax: 562-249-8435*
>
> *Licensed in California*
>
>
>
> *From:* Shannon Doyle
> *Sent:* Friday, March 15, 2019 4:33 PM
> *To:* 'cdcbaa@yahoogroups.com'
> *Subject:* Property transfered to non-filing spouse as sole and separate
>
>
>
> Wife needs to file Ch7. Real property was transferred from a third party
> trust to husband as his sole and separate property in 2015. Wife
> simultaneously executed a deed quitclaiming to husband as his sole and
> separate property. The house is paid in full and has significant non-exempt
> equity. If the wife files chapter 7, is the house safe or subject to the
> trustee?
>
>
>
>
>
>
>
> [image: Description: Description: Description: shannon-headshot6]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Direct Line: 855-378-4080*
>
> *Direct Fax: 562-249-8435*
>
> *Licensed in California*
>
>
>
>
>
>
> --
>
> WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
> WRITING.
>
>
>
> Giovanni Orantes, Esq.*
>
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> **Certified Bankruptcy Specialist, State Bar of California, Board of Legal
> Specialization*
>
> *Board Certified - Business Bankruptcy Law - American Board of
> Certification
>
> *Board Certified - Consumer Bankruptcy Law - American Board of
> Certification
>
> Commercial Litigation
>
> Estate Planning
>
> Outside General Counsel
>
>
>
>
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
> Note: The information in this e-mail message is not intended to be legal
> advice and should not be relied upon as legal advice unless counsel
> expressly contracted in writing to provide such advice. Furthermore, the
> information contained in this e-mail message is confidential information
> intended only for the use of the individual or entity named. If the reader
> of this message is not the intended recipient or an agent responsible for
> delivering it to the intended recipient, you are hereby notified that any
> dissemination, distribution or copy of this communication is strictly
> prohibited. If you have received this communication in error, please
> immediately notify us by telephone or e-mail and delete the original e-mail
> at (213) 389-4362 or (888) 619-8222.
>
>
>
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
WRITING.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal
advice and should not be relied upon as legal advice unless counsel
expressly contracted in writing to provide such advice. Furthermore, the
information contained in this e-mail message is confidential information
intended only for the use of the individual or entity named. If the reader
of this message is not the intended recipient or an agent responsible for
delivering it to the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone or e-mail and delete the original e-mail
yes, there is also a presumption that title is held as the title says it is. Pat Green, whose firm is also a family law firm, actually explained the issues he could from the fact pattern in a previous email in this email chain. On Fri, Mar 22, 2019 at 8:54 AM Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.
That issue just got certified to the CA Supreme Court...
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Friday, March 22, 2019, 8:54:12 AM PDT, Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
Yes that is the question. Is it separate property if deed to husband as his separate property during marriage? Does the transfer and title overcome the presumption of community property? Is was deeded from a third party trust so I am still looking into whether it may be an inheritance which would be separate property.
Shannon A. Doyle
Attorney | Virtual Bankruptcy Assistant
Direct Line: 855-378-4080
Direct Fax: 562-249-8435
Licensed in California
Sent: Thursday, March 21, 2019 5:16 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] RE: Property transfered to non-filing spouse as sole and separate
The way the hypothetical is worded seems to suggest that the question is whether the property is separate or community property. If separate and she files alone, there doesn't seem to be any reason the Trustee can reach that property and vice versa.
On Thu, Mar 21, 2019 at 2:40 PM Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
Anyone?
Shannon A. Doyle
Attorney | Virtual Bankruptcy Assistant
Direct Line: 855-378-4080
Direct Fax: 562-249-8435
Licensed in California
Sent: Friday, March 15, 2019 4:33 PM
To: 'cdcbaa@yahoogroups.com'
Subject: Property transfered to non-filing spouse as sole and separate
Wife needs to file Ch7. Real property was transferred from a third party trust to husband as his sole and separate property in 2015. Wife simultaneously executed a deed quitclaiming to husband as his sole and separate property. The house is paid in full and has significant non-exempt equity. If the wife files chapter 7, is the house safe or subject to the trustee?
Shannon A. Doyle
Attorney | Virtual Bankruptcy Assistant
Direct Line: 855-378-4080
Direct Fax: 562-249-8435
Licensed in California
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN WRITING.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal advice and should not be relied upon as legal advice unless counsel expressly contracted in writing to provide such advice. Furthermore, the information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail at (213) 389-4362 or (888) 619-8222.
The post was migrated from Yahoo.
The way the hypothetical is worded seems to suggest that the question is
whether the property is separate or community property. If separate and
she files alone, there doesn't seem to be any reason the Trustee can reach
that property and vice versa.
On Thu, Mar 21, 2019 at 2:40 PM Shannon Doyle
sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
>
> Anyone?
>
>
>
> [image: Description: Description: Description: shannon-headshot6]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Direct Line: 855-378-4080*
>
> *Direct Fax: 562-249-8435*
>
> *Licensed in California*
>
>
>
> *From:* Shannon Doyle
> *Sent:* Friday, March 15, 2019 4:33 PM
> *To:* 'cdcbaa@yahoogroups.com'
> *Subject:* Property transfered to non-filing spouse as sole and separate
>
>
>
> Wife needs to file Ch7. Real property was transferred from a third party
> trust to husband as his sole and separate property in 2015. Wife
> simultaneously executed a deed quitclaiming to husband as his sole and
> separate property. The house is paid in full and has significant non-exempt
> equity. If the wife files chapter 7, is the house safe or subject to the
> trustee?
>
>
>
>
>
>
>
> [image: Description: Description: Description: shannon-headshot6]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Direct Line: 855-378-4080*
>
> *Direct Fax: 562-249-8435*
>
> *Licensed in California*
>
>
>
>
>
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
WRITING.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal
advice and should not be relied upon as legal advice unless counsel
expressly contracted in writing to provide such advice. Furthermore, the
information contained in this e-mail message is confidential information
intended only for the use of the individual or entity named. If the reader
of this message is not the intended recipient or an agent responsible for
delivering it to the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone or e-mail and delete the original e-mail
The way the hypothetical is worded seems to suggest that the question is whether the property is separate or community property.n the Trustee can reach that property and vice versa.
The post was migrated from Yahoo.
Dear Shannon,
It sounds like a fraudulent transfer that will be avoidable by a Chapter 7
Trustee. You might find the reasoning in In re Beverly, 374 B.R. 221
(B.A.P. 9th Cir. 2007) to apply, mutatis mutandis.
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
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com
Web: www.goodbye2debt.com
Blog:
www.southerncaliforniabankruptcylawblog.com/
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We help people file for bankruptcy relief under the Bankruptcy Code.
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The post was migrated from Yahoo.