Central District Consumer Bankruptcy Attorney's Association

Margaret:
703.140 starts with, "In a case under Title 11 of the United States Code......the exemptions provided by subdivision (b) can be elected in lieu of all other exemptions....
703.140 applies only in bankruptcy (Title 11).
it does not matter what a judicial council form says, the above is the text of the law.
dennis

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First of all, 703 and 704 are both available to debtors hoping to exempt property from enforcement of Judgement in State Court. For proof, go to judicial council forms and find the form which a debtor would use to exempt property from levy. When you print "Current dollar amts of exemptions from Enforcement of judgments" both code sections come up and they are current as of April 1, 2010. The reason that debtors don't correctly exempt their property is that if they object to a levy on time (most do not) the page most of them file suggests some common exemptions and provides a place for sign. at the bottom. What they should do is download the two exemption pages and select from one set or the other and do an attachment, and they need to fill out the page for the income and expenses, and file all pages with extra sets and proof of service. If the creditor objects then it is set for a hearing. I have helped file this stuff for clients and have prevailed so I know that's how it goes.
Margaret Norman
111 N. Sepulveda Blvd. #355
Manhattan Beach, Ca. 90266
310-376-7873

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703 exempts are Bk only. Plz read the statute. Not applicable to state ct proceedings.
Sent from my iPhone
On Oct 26, 2010, at 8:36 PM, Alik Segal wrote:
[Attachment(s) from Alik Segal included below]
The attached file "exemptions.pdf" (attached to this message)
distributed by the California courts website at
www.courtinfo.ca.gov/forms/documents/exemptions.pdf shows both
exemptions systems including the wildcard. This sheet is distributed
for use in state courts not bankruptcy court.
On 10/26/10, larry@lsimonslaw.com wrote:
> 703 exemptions only apply in bankruptcy proceedings not state court actions
> Sent via BlackBerry by AT&T
>
> -----Original Message-----
> Sender: cdcbaa@yahoogroups.com
> Date: Tue, 26 Oct 2010 20:15:27
> To: CDCBAA Listserv; bk;
> bootcamp-attorneys
> Reply-To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] California exemptions
>
> Since the same exemptions from enforcement of judgments apply in
> bankruptcy court and state court, how is it that creditors manage to
> collect any money by levying on a bank amount? Vast majority of
> debtors could use the wildcard to exempt all of their assets, but
> nevertheless creditors collect money from judgment debtor's bank
> accounts. What explains this?
>
>
> --
> Alik Segal
> Alik.Segal@gmail.com
> 310-362-6157
> Cal. CD, Los Angeles
>
>
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
703 exempts are Bk only. Plz read the statute. Not applicable to state ct proceedings. Sent from my iPhoneOn Oct 26, 2010, at 8:36 PM, Alik Segal <listserv.inbox@gmail.com> wrote:

The attached file "exemptions.pdf" (attached to this message)
distributed by the California courts website at
www.courtinfo.ca.gov/forms/documents/exemptions.pdf shows both
exemptions systems including the wildcard. This sheet is distributed
for use in state courts not bankruptcy court.
On 10/26/10, larry@lsimonslaw.com <larry@lsimonslaw.com> wrote:
> 703 exemptions only apply in bankruptcy proceedings not state court actions
> Sent via BlackBerry by AT&T
>
> -----Original Message-----

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