Do any of you have experience showing proof of a debtor's disability in order to take the higher homestead exemption under 704.730 in a situation where the debtor does NOT receive and/or qualify for governmental disability payments?
I have a case where the debtor's wife is disabled and unable to maintain gainful employment, but all she can get is a doctor's note saying she cannot work for one month. Each month, he "renews" that letter (or at least has so far).
The case law I've read basically says that she only has to be so disabled as of the petition filing date, but I suspect there would be a problem if we filed the case on August 1 (and the doctor's letter said she could not work until after August 1), and then on August 2 she is potentially able to look for/find employment.
Anyone deal with this before?
***********************************************
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)
e-mail:
bklawr@bklaw.com
web:
http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at
bklawr@bklaw.com and destroy the
original message and all copies.
Do any of you have experience showing proof of a
debtor's disability in order to take the higher homestead exemption under
704.730 in a situation where the debtor does NOT receive and/or qualify forgovernmental disability payments?
I have a case where the debtor's wife is disabled
and unable to maintain gainful employment, but all she can get is a doctor's
note saying she cannot work for one month. Each month, he "renews" that
letter (or at least has so far).
The case law I've read basically says that she only
has to be so disabled as of the petition filing date, but I suspect there would
be a problem if we filed the case on August 1 (and the doctor's letter said she
could not work until after August 1), and then on August 2 she is potentially
able to look for/find employment.
Anyone deal with this before?
***********************************************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.