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community property debt
Haven't seen it yet, but yes. All cp property of estate. Court has in rem juris over entire property.
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On Aug 1, 2010, at 12:23 PM, "Stella Havkin" wrote:
Read it thanks. So using In re Kimmel, can I take the position that the second mortgage on the family home and on which the husband is the sole obgligor (on which the debtor wife is on title) is part of the chp 13 and strip it even though the husband is not a debtor?
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Read it thanks. So using In re Kimmel, can I take the position that the second mortgage on the family home and on which the husband is the sole obgligor (on which the debtor wife is on title) is part of the chp 13 and strip it even though the husband is not a debtor?
ennis
Sent: Sunday, August 01, 2010 10:58 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] community property debt
Trustee is correct. Read in re Kimmel.
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On Jul 29, 2010, at 12:07 PM, "Stella" wrote:
I took over a case which was originally filed as Chp 7 and converted it to a Chp 13. The case is only for the wife. The husband has credit card debt for a few thousand on which he is only obligor. The debt was incurred during marriage. I am deducting on the means test and on schedule J, the husband's payments on his credit cards. The trustee at the 341A hearing took the position that this debt is community property debt and as such, must be included in the Chp 13 plan and not paid directly. While I agree that it is community property debt and would be relevant in a divorce allocation, I do not think this is the issue. What am I missing? Why does the plan have to provide for payment which would effectively mean that the husband would be paying 15% interest to the credit card companies and 11% interest to the trustee on the same debt?
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Trustee is correct. Read in re Kimmel.
Sent from my iPhone
On Jul 29, 2010, at 12:07 PM, "Stella" wrote:
I took over a case which was originally filed as Chp 7 and converted it to a Chp 13. The case is only for the wife. The husband has credit card debt for a few thousand on which he is only obligor. The debt was incurred during marriage. I am deducting on the means test and on schedule J, the husband's payments on his credit cards. The trustee at the 341A hearing took the position that this debt is community property debt and as such, must be included in the Chp 13 plan and not paid directly. While I agree that it is community property debt and would be relevant in a divorce allocation, I do not think this is the issue. What am I missing? Why does the plan have to provide for payment which would effectively mean that the husband would be paying 15% interest to the credit card companies and 11% interest to the trustee on the same debt?
Trustee is correct. Read in re Kimmel.Sent from my iPhoneOn Jul 29, 2010, at 12:07 PM, "Stella" <havkinlaw@earthlink.net> wrote:
I took over a case which was originally filed as Chp 7 and converted it to a Chp 13. The case is only for the wife. The husband has credit card debt for a few thousand on which he is only obligor. The debt was incurred during marriage. I am deducting on the means test and on schedule J, the husband's payments on his credit cards. The trustee at the 341A hearing took the position that this debt is community property debt and as such, must be included in the Chp 13 plan and not paid directly. While I agree that it is community property debt and would be relevant in a divorce allocation, I do not think this is the issue. What am I missing? Why does the plan have to provide for payment which would effectively mean that the husband would be paying 15% interest to the credit card companies and 11% interest to the trustee on the same debt?
The post was migrated from Yahoo.
I took over a case which was originally filed as Chp 7 and converted it to a Chp 13. The case is only for the wife. The husband has credit card debt for a few thousand on which he is only obligor. The debt was incurred during marriage. I am deducting on the means test and on schedule J, the husband's payments on his credit cards. The trustee at the 341A hearing took the position that this debt is community property debt and as such, must be included in the Chp 13 plan and not paid directly. While I agree that it is community property debt and would be relevant in a divorce allocation, I do not think this is the issue. What am I missing? Why does the plan have to provide for payment which would effectively mean that the husband would be paying 15% interest to the credit card companies and 11% interest to the trustee on the same debt?
The post was migrated from Yahoo.
Watch out for two exceptions to 524(a)(3) injunction against creditor collection from non-debtor spouse after discharge by debtor-spouse of community debt: (1) if non-debtor received discharge within 6 years and (2) if non-debtor had filed on same date as debtor-spouse and would have been denied a discharge under 727.
PML
Nathan Berneman wrote:
Ali Nader has an interesting scenario.
A community property debt was discharged for the wife (who only filed) in a Chapter 7. Now 2 years later, the creditors attorney wants to garnish the husband's wages.
My understanding for community property debt is that if the debt gets discharged, the creditor can only go after the other debtor (spouse) for separate property and cannot garnish the wages.
Any thoughts?
Nate Berneman
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Watch out for two exceptions to 524(a)(3) injunction against creditor collection from non-debtor spouse after discharge by debtor-spouse of community debt: (1) if non-debtor received discharge within 6 years and (2) if non-debtor had filed on same date as debtor-spouse and would have been denied a discharge under 727.
PMLNathan Berneman <nathanberneman@yahoo.com> wrote:
Ali Nader has an interesting scenario.
A community property debt was discharged for the wife (who only filed) in a Chapter 7. Now 2 years later, the creditors attorney wants to garnish the husband's wages.
My understanding for community property debt is that if the debt gets discharged, the creditor can only go after the other debtor (spouse) for separate property and cannot garnish the wages.
Any thoughts?
Nate Berneman
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You are correct. 11 USC 524(a)(3). To the extent that husband's wages are community property (i.e. if there is no pre or post nuptial agreements transmuting the character), then I think creditor's attorney is in a lot of trouble here and faces an OSC re contempt for violating the post discharge injunction.
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----- Original Message -----
To: cdcbaa
Sent: Monday, December 06, 2004 5:33 PM
Subject: [cdcbaa] Community property debt
Ali Nader has an interesting scenario.
A community property debt was discharged for the wife (who only filed) in a Chapter 7. Now 2 years later, the creditors attorney wants to garnish the husband's wages.
My understanding for community property debt is that if the debt gets discharged, the creditor can only go after the other debtor (spouse) for separate property and cannot garnish the wages.
Any thoughts?
Nate Berneman
Do you Yahoo!?
All your favorites on one personal page - Try My Yahoo!
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ADVERTISEMENT
Yahoo! Groups Links
a.. To visit your group on the web, go to:
http://groups.yahoo.com/group/cdcbaa/
b.. To unsubscribe from this group, send an email to:
cdcbaa-unsubscribe@yahoogroups.com
c.. Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
You are correct. 11 USC 524(a)(3). To
the extent that husband's wages are community property (i.e. if there is no pre
or post nuptial agreements transmuting the character), then I think creditor's
attorney is in a lot of trouble here and faces an OSC re contempt for violating
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)e-mail: bklawr@bklaw.comweb:
The post was migrated from Yahoo.
Ali Nader has an interesting scenario.
A community property debt was discharged for the wife (who only filed) in a Chapter 7. Now 2 years later, the creditors attorney wants to garnish the husband's wages.
My understanding for community property debt is that if the debt gets discharged, the creditor can only go after the other debtor (spouse) for separate property and cannot garnish the wages.
Any thoughts?
Nate Berneman
Do you Yahoo!?
All your favorites on one personal page Try My Yahoo!
Ali Nader has an interesting scenario.
A community property debt was discharged for the wife (who only filed) in a Chapter 7. Now 2 years later, the creditors attorney wants to garnish the husband's wages.
My understanding for community property debt is that if the debt gets discharged, the creditor can only go after the other debtor (spouse) for separate property and cannot garnish the wages.
Any thoughts?
Nate Berneman
Do you Yahoo!?
All your favorites on one personal page Try My Yahoo!
The post was migrated from Yahoo.