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Chapter 7 - separate property and income - means test/exemptions
Your question is confusing. ? You refer to PC as "filing spouse" which
suggests that only one is filing and then ask if separate property would be
counted if "other spouse is only on to file." Which is it? Is one spouse
filing separately or do both want to file at the same time? It sounds to me
like the only way one of them qualifies is if he or she files alone with a
separate household declaration in the means test.
On Mon, Apr 25, 2011 at 12:03 PM, Stephen wrote:
>
>
> Dear List mates:
>
> I have a client who is married only on paper. They live hours apart and
> have all accounts and taxes separate. The nonfiling spouse's assets are
> separate property prior to their marriage, never commingled, and her income
> derives from divorce settlement proceeds from her first marriage (husbands
> retirement account) and from investments pre-marriage. If all was included
> in bankruptcy, filing spouse would not meet means test nor be able to
> protect her assets with exemptions.
>
> Is there a separate property argument for income and assets - pre-marriage
> in a chapter 7 bankruptcy where other spouse is only on to file? If not, is
> legal separation enough or divorce required?
>
> Thanks,
>
> Stephen
>
> Law Office of Stephen M. Stern, PLC
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA.
Your question is confusing. ? You refer to PC as "filing spouse" which suggests that only one is filing and then ask if separate property would be counted if "other spouse is only on to file." Which is it? Is one spouse filing separately or do both want to file at the same time? It sounds to me like the only way one of them qualifies is if he or she files alone with a separate household declaration in the means test.
On Mon, Apr 25, 2011 at 12:03 PM, Stephen <legalsos4u@yahoo.com> wrote:
Dear List mates:I have a client who is married only on paper. They live hours apart and have all accounts and taxes separate. The nonfiling spouse's assets are separate property prior to their marriage, never commingled, and her income derives from divorce settlement proceeds from her first marriage (husbands retirement account) and from investments pre-marriage. If all was included in bankruptcy, filing spouse would not meet means test nor be able to protect her assets with exemptions.
Is there a separate property argument for income and assets - pre-marriage in a chapter 7 bankruptcy where other spouse is only on to file? If not, is legal separation enough or divorce required?Thanks,
StephenLaw Office of Stephen M. Stern, PLC
-- Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010
Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.comWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA.
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