Personal Injury Lawsuit
Posted: Mon Aug 26, 2019 3:46 pm
Hello everyone, I am following up on the answer given here to clarify what a trustee may do.
Under CCP 704.140(a) a cause of action for personal injury is exempt without making a claim.
Under CCP704.140(b) award of damages or a settlement arising out of personal injury is exempt to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor.
Suppose I file a bankruptcy case with a personal injury case pending, I claim CCP 704.140(a) : 100%
Why can't the trustee wait for me to complete the lawsuit and force my client to amend to use CCP 704.140(b)? It is the snapshot rule?
Thank you for your time,
-Michael A
On Monday, February 19, 2018, 11:11:34 AM PST, Patrick Green pat@fitzgreenlaw.com [cdcbaa] wrote:
I read it the same way as Jeff, but would research the case law to be sure.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Ph: 626-449-8433
Fax: 626-449-0565
Email:pat@fitzgreenlaw.com
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Sent: Friday, February 16, 2018 9:07 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Personal Injury Lawsuit
DIFFERENCE SINCE 1970
SHANNON:
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Friday, February 16, 2018 8:58 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] RE: Personal Injury Lawsuit
I can do that? I thought it would still be subject to amount reasonably necessary for support.
MY READING OF CCP SECTION 704.140(a) IS THAT REASONABLE AND NECESSARY ONLY COMES INTO PLAY IF AT THE TIME OF THE FILING OF THE BANKRUPTCY, THE DEBTOR HAS ALREADY WON AN AWARD OR SETTLEMENT. IF ITF THE FILING OF THE BANKRUPTCY, ITS EXEMPT WITHOUT LIMITATION.
OF COURSE, I COULD BE WRONG
JEFF
Shannon A. Doyle
Attorney | Virtual Bankruptcy Assistant
Direct Line: 855-378-4080
Direct Fax: 562-249-8435
Licensed in California
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Friday, February 16, 2018 8:28 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Personal Injury Lawsuit
DIFFERENCE SINCE 1970
SHANNON:
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Thursday, February 15, 2018 5:44 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Personal Injury Lawsuit
Debtor has a personal injury lawsuit against former employer for negligence. Debtor was forced to work 18 hours a day while employer ignored complaints of stress, illness and fatigue. Debtor suffered a stroke one week after he quit and is permanently disabled. Wife also had to quit her job to take care of debtor. The PI attorney anticipates a judgment would be 30-40k per year tax free and free medical care. A settlement would likely be for "a few hundred thousand. The proceeds are exempt in the amount necessary for support which seems to me would be all of it given debtore claim? Would it be better to put debtor is a low payment Ch13 until the claim is resolved?
WHAT ABOUT CLAIMING THE HOMESTEAD SET OF EXEMPTIONS AND ASSERTING THE CLAIM EXEMPT UNDER SECTION 704.140(a), WHICH IS UNLIMITED?
JEFF
Shannon A. Doyle
Attorney | Virtual Bankruptcy Assistant
Direct Line: 855-378-4080
Direct Fax: 562-249-8435
Licensed in California
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