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Homestead/Domiciliary Intent
Not that there are many of our clients that have equity in their homes, but the homestead exemptions go up effective January 1, 2010, from $50,000 single to $75,000; $75,000 to $100,000 single head of household or married couple; and $150,000 to $175,000 disabled, over 65 or of limited income.
Lou Esbin
>
> Nate's case on this topic is attached.
> Peter M. Lively, J.D./M.B.A.
> Law Offices of Peter M. Lively
> Personal Financial Law Center I
> 11965 Venice Blvd, Suite 301
> Los Angeles, CA 90066-3977
> 310-899-0630
> 800-307-DEBT (3328)
> Fax: 310-899-0632
> A-Bankruptcy-Attorney.com
>
>
> Personal Financial Law Center II
> 1706 Newport Boulevard, Suite B
> Costa Mesa, California 92627-3073
> Telephone: 949-650-DEBT(3328)
>
>
> THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
>
>
>
>
> ________________________________
> To: cdcbaa@yahoogroups.com
> Sent: Thu, December 10, 2009 3:57:42 PM
> Subject: [cdcbaa] Homestead/Domiciliary Intent
>
>
>
> I have a potential client who owns a house in Woodland Hills, but for the past year has lived (and paid rent) in another state, trying to get a business venture going that didn't work out. Client has rented out the WH home to a tenant who has a lease through next June.
>
> It was always client's intent to move back into the WH home eventually. is needed in order to successfully claim a homestead in that house when the debtor is not living there presently? I recall there being cases that allowed this, but I can't recall the specifics off the top of my head.>
>
>
> ************ ********* ****
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw. com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw. com/bankruptcy- blog/2008/ 09/debt-relief- agencies- definition/)
> ____________ _________ _________ _________ _________
> 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 imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>
The post was migrated from Yahoo.
Nate's case on this topic is attached.
Law Offices of Peter M. Lively
Personal Financial Law Center I
11965 Venice Blvd, Suite 301
Los Angeles, CA 90066-3977
310-899-0630
800-307-DEBT (3328)
Fax: 310-899-0632
A-Bankruptcy-Attorney.com
Personal Financial Law Center II
1706 Newport Boulevard, Suite B
Costa Mesa, California 92627-3073
Telephone: 949-650-DEBT(3328)
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Thu, December 10, 2009 3:57:42 PM
Subject: [cdcbaa] Homestead/Domiciliary Intent
I have a potential client who owns a house in Woodland Hills, but for the past year has lived (and paid rent) in another state, trying to get a business venture going that didn't work out. Client has rented out the WH home to a tenant who has a lease through next June.
It was always client's intent to move back into the WH home eventually. needed in order to successfully claim a homestead in that house when the debtor is not living there presently? I recall there being cases that allowed this, but I can't recall the specifics off the top of my head.
************ ********* ****
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw. com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw. com/bankruptcy- blog/2008/ 09/debt-relief- agencies- definition/)
____________ _________ _________ _________ _________
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 imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
Nate's case on this topic is attached. Peter M. Lively, J.D./M.B.A.Law Offices of Peter M. Lively Personal Financial Law Center I11965 Venice Blvd, Suite 301 Los Angeles, CA 90066-3977 310-899-0630 800-307-DEBT (3328)Fax: 310-899-0632 A-Bankruptcy-Attorney.com
Personal Financial Law Center II1706 Newport Boulevard, Suite BCosta Mesa, California 92627-3073Telephone: 949-650-DEBT(3328)
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: Mark J. Markus <bklawr@yahoo.com>To: cdcbaa@yahoogroups.comSent: Thu, December 10, 2009 3:57:42 PMSubject: [cdcbaa] Homestead/Domiciliary Intent
I have a potential client who owns a house in Woodland Hills, but for the past year has lived (and paid rent) in another state, trying to get a business venture going that didn't work out. Client has rented out the WH home to a tenant who has a lease through next June.It was always client's intent to move back into the WH home eventually. We want to file a Ch. 7 now and there is some equity in the WH home. How much evidence of domiciliary intent (and what specific evidence) is needed in order to successfully claim a homestead in that house when the debtor is not living there presently? I recall there being cases that allowed this, but I can't recall the specifics off the top of my head. Anyone know before I get knee deep in research?
************ ********* ****Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw. com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw. com/bankruptcy- blog/2008/ 09/debt-relief- agencies- definition/)
____________ _________ _________ _________ _________
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 imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
The post was migrated from Yahoo.
28 usc 1408 requires commencing the case in the district in which the
domicile, residence, principal place of business in the United States, or
principal assets in the United States, of the person or entity that is the
subject of such case have been located for the one hundred and eighty days.
Depending on his assets, you may have both domicile and principal assets
here for the 180 days.
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.
I have a potential client who owns a house in Woodland Hills, but for
the past year has lived (and paid rent) in another state, trying to get
a business venture going that didn't work out. Client has rented out
the WH home to a tenant who has a lease through next June.
It was always client's intent to move back into the WH home eventually.
We want to file a Ch. 7 now and there is some equity in the WH home.
How much evidence of domiciliary intent (and what specific evidence) is
needed in order to successfully claim a homestead in that house when the
debtor is not living there presently? I recall there being cases that
allowed this, but I can't recall the specifics off the top of my head.
Anyone know before I get knee deep in research?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
________________________________________________
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 imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>
The post was migrated from Yahoo.