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Chapter 7 - separate property and income - means=20
In addition to the looking for community interest in the the non-filing spouses
interest...does the trustee also seek to include monthly income from the
nonfiling spouse from separate property sources (i.e. separate property
investments and income from prior marriage settlement agreement (ex-husband's
retirement)?
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Mon, April 25, 2011 3:03:23 PM
Subject: Re: [cdcbaa] Chapter 7 - separate property and income - means
test/exemptions
Correction it should read....non-filing spouse's separate property interest.
NOT income!
Jonathan Leventhal
Attorney at Law
818-347-5800
On Apr 25, 2011, at 2:55 PM, "Law Offices of Jonathan Leventhal"
wrote:
>The Trustee will look for any community property interest in the non-filing
>spouses separate income. For example if payments were being made to a s.p.
>House during the marriage the community is entitled to any increase in value.
>
>
>
>
>Jonathan Leventhal
>Attorney at Law
>818-347-5800
>
>On Apr 25, 2011, at 2:05 PM, "Stephen Mark" wrote:
>
>
>
>>Sorry for the confusion. The nonfiling spouse has all the separate property that
>>would not fall with exemptions, and income from separate property streams (prior
>>marriage) that would prevent filing spouse from passing the means test. They
>>also have separate households.
>>
>>
>>
>>
>>
>>
>>
________________________________
>>To: cdcbaa@yahoogroups.com
>>Sent: Mon, April 25, 2011 1:17:00 PM
>>Subject: Re: [cdcbaa] 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.
>>
In addition to the looking for community interest in the the non-filing spouses interest...does the trustee also seek to include monthly income from the nonfiling spouse from separate property sources (i.e. separate property investments and income from prior marriage settlement agreement (ex-husband's retirement)?From: Law Offices of Jonathan Leventhal <law@3yl.com>To:
"cdcbaa@yahoogroups.com" <cdcbaa@yahoogroups.com>
The post was migrated from Yahoo.
Sorry for the confusion. The nonfiling spouse has all the separate property that
would not fall with exemptions, and income from separate property streams (prior
marriage) that would prevent filing spouse from passing the means test. They
also have separate households.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Mon, April 25, 2011 1:17:00 PM
Subject: Re: [cdcbaa] 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 becounted if "other spouse is only on to file." Which is it? Is one spousefiling 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 aseparate 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.
Sorry for the confusion. The nonfiling spouse has all the separate property that would not fall with exemptions, and income from separate property streams (prior marriage) that would prevent filing spouse from passing the means test. They also have separate households.
The post was migrated from Yahoo.