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prenuptial agreement and 109(e) limits in Ch. 13
Facts:
H&W have a prenuptial agreement that purportedly makes all debts incurred
during the marriage separate debts unless they are "shared" debts (defined
as debts that both parties agree they owe).
H wants to file a Chapter 13 case to deal with some tax and credit card
debts he has.
W also has her own debts including mortgages on a home they live in, which
qualifies for a LAM lienstrip.
If we count both H&W's debts in full, including the unsecured portion of the
mortgage loans, then they exceed the 109(e) debt limit.
My questions are:
1. Can just H file a Chapter 13 and exclude W's debts from the 109(e)
analysis?
2. If H files alone, can whatever interest he has in the home be used
to lienstrip? (the down payment for the home was made from a joint bank
account, so if they agree this to be a "shared debt" per the prenuptial
agreement, would that confer "standing" on him to do this?)
[ They would meet the 109(e) limits even including the unsecured portion of
the mortgages as long as W's credit-card type debt, which is over $100,000,
is excluded via H filing alone.]
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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)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
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