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community discharge proc. question

Posted: Mon Jan 07, 2008 3:36 pm
by Yahoo Bot

Facts: Debtor Wife files Ch. 7 and gets a discharge. Among the debts are amounts owed on a vehicle, which is repossessed. Vehicle creditor sues non-filing husband for deficiency (so far, no problem).
Question: If the vehicle creditor tries to collect on its judgment against husband's community property (which is the only thing husband has), what is the procedure for obtaining a damage award? Is it the same as if the creditor tried to collect from the debtor (i.e. an OSC under 524 for violation of the post discharge injunction)?
______________________
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
___________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written 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 in this communication (or in any attachment).

Facts: Debtor Wife files Ch. 7 and gets a
discharge. Among the debts are amounts owed on a vehicle, which is
repossessed. Vehicle creditor sues non-filing husband for deficiency
(so far, no problem).

Question: If the vehicle creditor tries to
collect on its judgment against husband's community property (which is the only
thing husband has), what is the procedure for obtaining a damage
award? Is it the same as if the creditor tried to collect from
the debtor (i.e. an OSC under 524 for violation of the post discharge
injunction)?

______________________Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173 (818)509-1460 (fax)web: http://www.bklaw.com/This Firm is aQualified Federal Debt Relief Agency___________NOTICE: This Electronic
Message contains information from the law office of Mark J. Markus that may be
privileged. The information is intended for the use of the addresseeonly. If you are not the addressee, note that any disclosure, copy,
distribution or use of the contents of this message is prohibited.IRS
CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS,
we inform you that any U.S. tax advice contained in this communication (or in
any attachment) is not intended or written 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 in this communication (or in any
attachment).

The post was migrated from Yahoo.