Exemption Section for MedMal Claim
Posted: Fri Apr 15, 2011 1:13 pm
charsetndows-1252
Ty, specifically, CCP 704.140(a) has an unlimited exemption for a claim (which this sounds like) andis the best way to go; but if you have to use the 703.140's then you have to combine
(b)(5) with
(b)(11)(D) which now has a $22,075 limit;
and (b)(11)(E) which exempts loss of future earnings to the extent necessary for support of debtor and dependents without limit.
If you use the 703.140's and the claim is a big one, you may end up in a negotiation with the trustee as to what part of the ultimate recovery is exempt and what part goes to the Estate.
Fyi, if a malpractice attorney has been retained and has a lien, the lien should be disclosed.
Jason Wallach
On Apr 15, 2011, at 12:24 PM, Tyson wrote:
> Hi Everyone,
> potential client has a potential claim against his surgeon for medical malpractice regarding surgery on his leg. Does anyone know what exemption section(s) should be used to exempt this potential claim???
> Thanks,
> Tyson Takeuchi
> 213 637-1566
> lurpnlaw160@hotmail.com
>
>
charsetndows-1252
Ty, specifically, CCP 704.140(a) has an unlimited exemption for a claim (which this sounds like) andis the best way to go; but if you have to use the 703.140's then you have to combine (b)(5) with (b)(11)(D) which now has a $22,075 limit; and (b)(11)(E) which exempts loss of future earnings to the extent necessary for support of debtor and dependents without limit. If you use the 703.140's and the claim is a big one, you may end up in a negotiation with the trustee as to what part of the ultimate recovery is exempt and what part goes to the Estate. Fyi, if a malpractice attorney has been retained and has a lien, the lien should be disclosed.Jason WallachOn Apr 15, 2011, at 12:24 PM, Tyson wrote:
Hi Everyone,
potential client has a potential claim against his surgeon for medical malpractice regarding surgery on his leg. Does anyone know what exemption section(s) should be used to exempt this potential claim???
Thanks,
Tyson Takeuchi
213 637-1566
lurpnlaw160@hotmail.com
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