To answer your original question, the disso judgment is not invalid per se.
The trustee will look at it and decide whether it is an unreasonable
division of property--is the non-filing spouse getting a larger share of the
proceeds? Is the filing spouse getting an exempt asset in exchange for that
larger share? Without details, including whether it is as a result of a
trial or an MSA, its hard to know. How old the judment is comes into play as
well. Since divorce is one of the leading causes of bankruptcy (in my area
at least)the cases are all over the place and very fact specific.
Margaret Norman
111 N. Sepulveda bld. #355
Manhattan Beach, Ca. 90266
310-376-7873
On Sat, 24 Jan 2009 07:12:54 -0800 (PST)
Matt Resnik wrote:
>
>
> Thanks David..I am sorry---its for the sale of the residence where
>the debtor lives and the Court order specifically states the property
>is to be sold...
>
>
>
>Furthermore, this is a Chapter 13...
> ----- Original Message -----
> To:
cdcbaa@yahoogroups.com
> Sent: Friday, January 23, 2009 3:49:56 PM GMT -08:00 US/Canada
>Pacific
> Subject: RE: [cdcbaa] Family Law and BK
>
>
>
>
>
>
>
> I forgot to add, of course, that obligation established under
>divorce judgment is not dischargeable in C7 under 523(a)(15).
>
>
>
> 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.
> † Business bankruptcy specialist cert. by Amer. Bd. of
>Certification
>
> -----Original Message-----
>Behalf Of Matt Resnik
> Sent: Friday, January 23, 2009 12:29 PM
> To:
cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Family Law and BK
>
>
>
>
>For you Family Law gurus-
> Court issues a Judgment in a Divorce. Spouse is entitled to
>property.
> Person now files for BK. Is the Court order for the property in
>favor of other spouse still valid?
>
> --
> Matthew D. Resnik
> Attorney at Law
> Simon and Resnik LLP
> 449 S. Beverly Drive
> Suite 210
> Beverly Hills, Ca
> 90212
> T:310-788-9777
>F: 310-788-0017
>
Matt@resniklaw.com
>
>
>
>
> --
> Matthew D. Resnik
> Attorney at Law
> Simon and Resnik LLP
> 449 S. Beverly Drive
> Suite 210
> Beverly Hills, Ca
> 90212
> T:310-788-9777
>F: 310-788-0017
>
Matt@resniklaw.com
Margaret Norman, Attorney
111 N. Sepulveda Blvd. #355
Manhattan Beach, Ca. 90266
310-376-7873
Fax-310-798-9846
WWW:Margeslaw.com
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