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Non-filing spouse income too much
You areassuming the non-filing spouse's debts are not her separte debts.
Presumably,even if the non-filing spouse's debts were incurred during marriage
and not necessities, the non-filing spousemay need to pay to protect her
separate property assets from being attached.
Peter M. Lively, JD, MBA
The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wed, March 30, 2011 4:41:21 PM
Subject: RE: [cdcbaa] Non-filing spouse income too much
What about the preferential treatment issue? Non-filing spouse's debts are
community debts so how can they get paid while the other community debts get
wiped out in the bankruptcy?
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of P L
Sent: Wednesday, March 30, 2011 4:15 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Non-filing spouse income too much
The Means Test seeks the amount ofcontribution from the non-filing spouse,paid
on a regularbasis,to household expenses (marital adjustment in Part II, to
total gross income of non-filing spouse in Part I), while Schedule I requires
all community property income andSchedule J can include a line itemnon-filing spouses debt service.
Peter M. Lively, JD, MBA
The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
________________________________
The post was migrated from Yahoo.
The Means Test seeks the amount ofcontribution from the non-filing spouse,paid
on a regularbasis,to household expenses (marital adjustment in Part II, to
total gross income of non-filing spouse in Part I), while Schedule I requires
all community property income andSchedule J can include a line itemnon-filing spouses debt service.
Peter M. Lively, JD, MBA
The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wed, March 30, 2011 4:02:29 PM
Subject: RE: [cdcbaa] Non-filing spouse income too much
She does have a lot of debts. I suppose that would be the minimum payments?
Where is that on the means test I wonder?
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Law
Offices of Jonathan Leventhal
Sent: Wednesday, March 30, 2011 4:02 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Non-filing spouse income too much
However, you can offset the non-filing spouses debt payments from that income.
Jonathan Leventhal
Attorney at Law
818-347-5800
On Mar 30, 2011, at 3:55 PM, "John D. Faucher" wrote:
> The nonfiling spouse's income, unless somehow separated from the
>community estate, is community property. The married debtor filing bankruptcy
>brings the community estate into bankruptcy, including the nonfiling spouse's
>income. I don't see how you can avoid reporting all the nonfiling spouse's>income.
>
>John D. Faucher
>Hurlbett & Faucher
>5743 Corsa Ave., Suite 208
>Westlake Village, CA 91362
>(818) 889-8080
>Fax: (805) 367-4154
>http://www.hurlbettfaucher.com/
>
>3324 State Street, Suite O
>Santa Barbara, CA 93105
>(805) 963-9111
>
>This electronic mail message and any attached files
>are confidential, contain information intended for the exclusive use of the
>individual or entity to whom it is addressed, and may be legally privileged. If
>you are not the intended recipient, please immediately reply to John Faucher (at
>818/889-8080orjohn@hf-bklaw.com) indicating that you received this message and
>then delete the message without delay. Thank you for your cooperation.
>
>Disclosure Under U.S. IRS Circular 230: The recipient may not use any tax advice
>contained in this communication, including any attachments, for the purpose of
>avoiding federal tax related penalties or promoting, marketing or recommending
>to another party any particular transaction or matter.
>
>On 3/30/11 3:43 PM, "Steven B. Lever" wrote:
>
>
>>I have a case where the non-filing spouses income has the Debtor fail the means
>>test. Because California is a community property state Ive always counted all
>>the non-filing spouses income.
>>
>>However, this case makes me want to count only the non-filing spouses
>>contribution to the household, which may be less. Ive never taken this
>>approach and am not sure if that is allowable. At NACBA conferences they talk
>>about doing that, but I assume thats because they are including other than
>>community property states.
>>
>>Can you straighten me out on whether we can do that here in California?>>admittedly a gap in my understanding.
>>
>>Law Offices of Steven B. Lever
>>>
>>> Steven B. Lever
The Means Test seeks the amount of contribution from the non-filing spouse, paid on a regular basis, to household expenses (marital adjustment in Part II, to total gross income of non-filing spouse in Part I), while Schedule I requires all community property income and Schedule J can include a line item for non-filing spouses debt service.
Peter M. Lively, JD, MBA
The Personal Financial Law Center * Culver City & Costa Mesa * 800-307-DEBT
From: Steven B. Lever <sblever@leverlaw.com>To: cdcbaa@yahoogroups.comSent: Wed, March 30, 2011 4:02:29 PMSubject: RE: [cdcbaa] Non-filing spouse income too much
She does have a lot of debts. I suppose that would be the minimum payments? Where is that on the means test I wonder?
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Law Offices of Jonathan LeventhalSent: Wednesday, March 30, 2011 4:02 PMTo: cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] Non-filing spouse income too much
However, you can offset the non-filing spouses debt payments from that income.Jonathan Leventhal
Attorney at Law
818-347-5800
On Mar 30, 2011, at 3:55 PM, "John D. Faucher" <j.d.faucher@sbcglobal.net> wrote:
The nonfiling spouse's income, unless somehow separated from the community estate, is community property. The married debtor filing bankruptcy brings the community estate into bankruptcy, including the nonfiling spouse's income. I don't see how you can avoid reporting all the nonfiling spouse's income.
The post was migrated from Yahoo.
charset="ISO-8859-1"
The nonfiling spouse's income, unless somehow separated from the community
estate, is community property. The married debtor filing bankruptcy brings
the community estate into bankruptcy, including the nonfiling spouse's
income. I don't see how you can avoid reporting all the nonfiling spouse's
income.
John D. Faucher
Hurlbett & Faucher
5743 Corsa Ave., Suite 208
Westlake Village, CA 91362
(818) 889-8080
Fax: (805) 367-4154
http://www.hurlbettfaucher.com/
3324 State Street, Suite O
Santa Barbara, CA 93105
(805) 963-9111
This electronic mail message and any attached files are confidential,
contain information intended for the exclusive use of the individual or
entity to whom it is addressed, and may be legally privileged. If you are
not the intended recipient, please immediately reply to John Faucher (at
818/889-8080 or john@hf-bklaw.com )
indicating that you received this message and then delete the message
without delay. Thank you for your cooperation.
Disclosure Under U.S. IRS Circular 230: The recipient may not use any tax
advice contained in this communication, including any attachments, for the
purpose of avoiding federal tax related penalties or promoting, marketing or
recommending to another party any particular transaction or matter.
On 3/30/11 3:43 PM, "Steven B. Lever" wrote:
>
>
>
>
>
> I have a case where the non-filing spouses income has the Debtor fail the
> means test. Because California is a community property state Ive always
> counted all the non-filing spouses income.
>
> However, this case makes me want to count only the non-filing spouses
> contribution to the household, which may be less. Ive never taken this
> approach and am not sure if that is allowable. At NACBA conferences they talk
> about doing that, but I assume thats because they are including other than
> community property states.
>
> Can you straighten me out on whether we can do that here in California? It is
> admittedly a gap in my understanding.
>
> Law Offices of Steven B. Lever
>> >
>> > Steven B. Lever
>
>
>
>
charset="ISO-8859-1"
The nonfiling spouse's income, unless somehow separated from the community estate, is community property. The married debtor filing bankruptcy brings the community estate into bankruptcy, including the nonfiling spouse's income. I don't see how you can avoid reporting all the nonfiling spouse's income. John D. FaucherHurlbett & Faucher5743 Corsa Ave., Suite 208Westlake Village, CA 91362(818) 889-8080
The post was migrated from Yahoo.
I have a case where the non-filing spouse's income has the Debtor fail
the means test. Because California is a community property state I've
always counted all the non-filing spouse's income.
However, this case makes me want to count only the non-filing spouses
contribution to the household, which may be less. I've never taken this
approach and am not sure if that is allowable. At NACBA conferences
they talk about doing that, but I assume that's because they are
including other than community property states.
Can you straighten me out on whether we can do that here in California?
It is admittedly a gap in my understanding.
Law Offices of Steven B. Lever
>
> Steven B. Lever
The post was migrated from Yahoo.