BK, divorce, child/spousal support
Posted: Mon Dec 14, 2009 5:09 pm
But there still is a division of property issue under 523(a)(15). I think the "breach of fiduciary duty" only goes to support a claim for an unequal division of CP.
>
> Sorry, divorce atty cannot deal with fraud in State Court - it has been
> discharged in H's bankruptcy.
> breach of fiduciary duty is not a support obligation so 523a5 does not work.
>
>
> 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-----
> Matthew Gary Evans
> Sent: Monday, December 14, 2009 8:15 AM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] BK, divorce, child/spousal support
>
>
>
>
>
> Right. What about 523a5 (domestic support). Has anyone ever successfully
> argued that reimbursement of community funds misappropriated by the debtor
> through fraud or breach of fiduciary duty constitutes domestic support?
>
> I just want to move for relief from stay and let the divorce attorney deal
> with the fraud issue in that court. This is ultimately, after all, a state
> law issue (family court).
>
> ____________________________________
>
> Law Office of Matthew Gary Evans
>
> Matthew Gary Evans, Esq.
>
> 16 North Marengo Avenue, Room 219
>
> Pasadena, California 91101
>
> Tel.: (626) 405-9448
>
> Fax: (626) 768-7565
>
> Cell: (213) 842-6645
>
> Email:
> matthew@...
>
> www.matthewgaryevanslaw.com
>
> www.matthewgaryevanslaw.net/Bankruptcy
>
> please visit my blog at
> matthewevanslaw.wordpress.com
>
> Member: California State Bar, American Bar Association, Consumer Attorneys
> Association of Los Angeles, Central District Consumer Bankruptcy Attorneys
> Association, National Association of Consumer Bankruptcy Attorneys, Pasadena
> Chamber of Commerce
>
> NOTICE: This message is intended only for the individual named. If you are
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>
> David A. Tilem
> Sent: Monday, December 14, 2009 8:01 AM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] BK, divorce, child/spousal support
>
>
>
> That option, an action under 523(a)(4) is now off the table.
>
> 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-----
> Matthew Gary Evans
> Sent: Sunday, December 13, 2009 8:17 AM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] BK, divorce, child/spousal support
>
>
>
> The 523 deadline was 8/3/09.
>
> ____________________________________
>
> Law Office of Matthew Gary Evans
>
> Matthew Gary Evans, Esq.
>
> 16 North Marengo Avenue, Room 219
>
> Pasadena, California 91101
>
> Tel.: (626) 405-9448
>
> Fax: (626) 768-7565
>
> Cell: (213) 842-6645
>
> Email: matthew@matthewgary
> evanslaw.com
>
> www.matthewgaryevanslaw.com
>
> www.matthewgaryevanslaw.net/Bankruptcy
>
> please visit my blog at matthewevanslaw.
> wordpress.com
>
> Member: California State Bar, American Bar Association, Consumer Attorneys
> Association of Los Angeles, Central District Consumer Bankruptcy Attorneys
> Association, National Association of Consumer Bankruptcy Attorneys, Pasadena
> Chamber of Commerce
>
> NOTICE: This message is intended only for the individual named. If you are
> not the named addressee please do not disseminate, print, or copy this
> e-mail. Please notify the sender immediately by reply e-mail if you have
> received this e-mail by mistake and delete this e-mail from your system.
> Thank you.
>
> David A. Tilem
> Sent: Friday, December 11, 2009 10:23 AM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] BK, divorce, child/spousal support
>
>
>
> Matthew:
>
> These divorce cases are very complicated and have lots of moving parts.
>
> Some of your assumptions are incorrect. The OSC is NOT stayed. H's
> discharge will LIKELY not affect W's right to seek attorney fees. Third, W
> may also have a breach of fiduciary duty claim which may also be
> non-dischargeable under 523(a)(4). When is/was the deadline for 523
> actions. Stay in close touch and coordinate with W's divorce attorney. If
> you are over your head, call one of the more senior members for help or
> refer out the case.
>
> 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-----
> Matthew Gary Evans
> Sent: Thursday, December 10, 2009 9:17 AM
> To: bk@...; cdcbaa@yahoogroups.com
> Subject: [cdcbaa] BK, divorce, child/spousal support
>
>
>
> Central District of CA:
>
> H and W were married. H filed for divorce and then filed bk. W now has
> $80k in attorneys fees in the divorce case, and an OSC re awarding W
> attorneys fees is pending, but has been stayed by the bk. My first question
> is whether H's discharge will affect W's ability to obtain a judgment for
> attorneys fees in the divorce.
>
> Secondly, W just found out that H refi'd their home prior to bk to obtain
> cash. W wants to be reimbursed her community property share of that cash.
> I'd appreciate advice on that issue.
>
> Finally, W missed the deadline for filing a proof of claim against the bk
> estate (H filed bk in May 2009). Is there a way she can obtain relief from
> default, etc.? I believe the issue pertaining to the refi is being
> addressed in the divorce case. Should she just file a motion for relief
> from stay?
>
> Thank you.
>
> ____________________________________
>
> Law Office of Matthew Gary Evans
>
> Matthew Gary Evans, Esq.
>
> 16 North Marengo Avenue, Room 219
>
> Pasadena, California 91101
>
> Tel.: (626) 405-9448
>
> Fax: (626) 768-7565
>
> Cell: (213) 842-6645
>
> Email: matthew@matthewgary
> evanslaw.com
>
> www.matthewgaryevanslaw.com
>
> www.matthewgaryevanslaw.net/Bankruptcy
>
> please visit my blog at matthewevanslaw.
> wordpress.com
>
> Member: California State Bar, American Bar Association, Consumer Attorneys
> Association of Los Angeles, Central District Consumer Bankruptcy Attorneys
> Association, National Association of Consumer Bankruptcy Attorneys, Pasadena
> Chamber of Commerce
>
> NOTICE: This message is intended only for the individual named. If you are
> not the named addressee please do not disseminate, print, or copy this
> e-mail. Please notify the sender immediately by reply e-mail if you have
> received this e-mail by mistake and delete this e-mail from your system.
> Thank you.
>
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