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Newbie Question
Everything in, time for a divorce.
Sent from my iPhone
On Apr 27, 2011, at 1:58 PM, "Stephen" wrote:
> Husband and wife have maintained separate accounts and property since marriage. Wife receives income from prior husband's retirement account and from separate property investments created before current marriage. Husband needs to file for Ch. 7 but would not meet means test if wife's income was included from separate property investments and ex husband's retirement account. Does the court respect such separate property or does everything come in under the means test regardless?
>
> Stephen Stern
>
> Law Office of Stephen M. Stern, PC
>
>
Everything in, time for a divorce.Sent from my iPhoneOn Apr 27, 2011, at 1:58 PM, "Stephen" <legalsos4u@yahoo.com> wrote:
Husband and wife have maintained separate accounts and property since marriage. Wife receives income from prior husband's retirement account and from separate property investments created before current marriage. Husband needs to file for Ch. 7 but would not meet means test if wife's income was included from separate property investments and ex husband's retirement account. Does the court respect such separate property or does everything come in under the means test regardless?
Stephen Stern
Law Office of Stephen M. Stern, PC
The post was migrated from Yahoo.
Husband and wife have maintained separate accounts and property since marriage. Wife receives income from prior husband's retirement account and from separate property investments created before current marriage. Husband needs to file for Ch. 7 but would not meet means test if wife's income was included from separate property investments and ex husband's retirement account. Does the court respect such separate property or does everything come in under the means test regardless?
Stephen Stern
Law Office of Stephen M. Stern, PC
The post was migrated from Yahoo.
On another case, HOA still billing for fees when Debtor abandoned house before bankruptcy. It is my understanding these just do not go away and the debtor is liable, even after bankruptcy. Is this true?
Law Office of Catherine Christiansen
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Here is a sample -- you will notice it is a form. This one was granted.
Please see the court website for a current version as well as for the
order, which may have changed.
I believe now the proof of service for orders is different -- please do not
copy this order, it is just a sample. I'll be honest -- the POS
requirements on the orders baffle me a bit. This one was signed and yet it
is blank -- maybe different judges have different requirements. Now I have
been filling out POS.
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean
slate."
"Like the witness protection program!"
"Exactly."
On Wed, Feb 3, 2010 at 10:18 PM, Jonathan wrote:
>
>
> In a chapter 7 case can a judicial lien (on R.P.) be avoided in a chapter 7
> case?
>
> Some were the result of money jugments and another is for back HOA fees.
>
> I understand that you can discharge (in chapter 7) the underlying debt, but
> can anything be done about the lien?
>
> Thanks in advance,
>
> Jonathan Leventhal
>
>
>
Here is a sample -- you will notice it is a form. This one was granted. der, which may have changed.I believe now the proof of service for orders is different -- please do not copy this order, it is just a sample. I'll be honest -- the POS requirements on the orders baffle me a bit. This one was signed and yet it is blank -- maybe different judges have different requirements. Now I have been filling out POS.
-- Amy Clark Kleinpeter1489 E. Colorado Blvd. #207Pasadena, CA 91106(626) 507-8090"Bankruptcy, Michae
The post was migrated from Yahoo.
You can file a 522(f) motion. The Court has a form for this available on
its website.
On Wed, Feb 3, 2010 at 10:18 PM, Jonathan wrote:
>
>
> In a chapter 7 case can a judicial lien (on R.P.) be avoided in a chapter 7
> case?
>
> Some were the result of money jugments and another is for back HOA fees.
>
> I understand that you can discharge (in chapter 7) the underlying debt, but
> can anything be done about the lien?
>
> Thanks in advance,
>
> Jonathan Leventhal
>
>
>
Giovanni Orantes, Esq.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
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Phone: (888) 619-8222 x101
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You can file a 522(f) motion. The Court has a form for this available on its website.On Wed, Feb 3, 2010 at 10:18 PM, Jonathan <law@3yl.com> wrote:
In a chapter 7 case can a judicial lien (on R.P.) be avoided in a chapter 7 case?
Some were the result of money jugments and another is for back HOA fees.
I understand that you can discharge (in chapter 7) the underlying debt, but can anything be done about the lien?
Thanks in advance,
Jonathan Leventhal
-- Giovanni Orantes, Esq. 3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Phone: (888) 619-8222 x101Fax: (877) 789-5776e-mail: go@gobklaw.com
website: www.gobklaw.comWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA.
Note: 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 IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.
The post was migrated from Yahoo.
As a follow up to Peters remarks, this would be a good time for you to look at the three different definitions in 101 for the three types of liens: judicial lien, security interest and statutory lien. The distinctions are important and relevant to your case.
BTW: I am not a professional corporation, but I have potential. Maybe someday I will be a potentate.
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.
See 522(f).
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.
Jonathan
Sent: Wednesday, February 03, 2010 10:19 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Newbie Question
In a chapter 7 case can a judicial lien (on R.P.) be avoided in a chapter 7
case?
Some were the result of money jugments and another is for back HOA fees.
I understand that you can discharge (in chapter 7) the underlying debt, but
can anything be done about the lien?
Thanks in advance,
Jonathan Leventhal
Message
See
522(f).
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Yes, a judicial lien can be avoided on real property in a chapter 7
bankruptcy to the extent that the judicial lien impairs the debtor's
exemption. It requires a separate motion filed with the court.
Check out optional court form F 9013-1.5.
Brand & Spellman PC
3836 E. Anaheim St.
Long Beach, CA 90804
562-438-7500
888-99-BKRPT (888-992-5778)
www.brandspellman.com
This message originates from the law firm of Brand & Spellman PC and may
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The post was migrated from Yahoo.
See 522(f) for the judicial lien. ForHOA, the issue is whethersimilar to trust deed which is not subjet to522(f)
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II
1706-B Newport Boulevard, Costa Mesa, CA 92627-3073
Telephone: (949)650-3328
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: Wed, February 3, 2010 10:18:51 PM
Subject: [cdcbaa] Newbie Question
In a chapter 7 case can a judicial lien (on R.P.) be avoided in a chapter 7 case?
Some were the result of money jugments and another is for back HOA fees.
I understand that you can discharge (in chapter 7) the underlying debt, but can anything be done about the lien?
Thanks in advance,
Jonathan Leventhal
See 522(f) for the judicial lien. For HOA, the issue is whether the lien results for a judgment or from consent (contract) similar to trust deed which is not subjet to 522(f) Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.com
Personal Financial Law Center II1706-B Newport Boulevard, Costa Mesa, CA 92627-3073Telephone: (949)650-3328
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: Jonathan <law@3yl.com>To: cdcbaa@yahoogroups.comSent: Wed, February 3, 2010 10:18:51 PMSubject: [cdcbaa] Newbie Question
In a chapter 7 case can a judicial lien (on R.P.) be avoided in a chapter 7 case?Some were the result of money jugments and another is for back HOA fees.I understand that you can discharge (in chapter 7) the underlying debt, but can anything be done about the lien?Thanks in advance,Jonathan Leventhal
The post was migrated from Yahoo.
In a chapter 7 case can a judicial lien (on R.P.) be avoided in a chapter 7 case?
Some were the result of money jugments and another is for back HOA fees.
I understand that you can discharge (in chapter 7) the underlying debt, but can anything be done about the lien?
Thanks in advance,
Jonathan Leventhal
The post was migrated from Yahoo.