January 2014
We successfully reached an $88,000 lawsuit settlement with Chase Bank for wrongful foreclosure on our clients’ home. The initial lawsuit was filed as part of our clients’ Chapter 13 bankruptcy case.Equally important, the Bankruptcy Judge overruled the bankruptcy trustee’s objection and ruled in our favor that the settlement funds were exempt from the bankruptcy estate and our clients’ creditors. The judge agreed with our argument that the full $88,000 was exempt from the bankruptcy estate based upon the “loss of future income exemption” per California Code of Civil Procedure Section 703.140(b)(11)(E).
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