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Exempting debtor's interest in CP when nonfiling spouse h=
Follow 541(a)(2) for scheduleB.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II - Costa Mesa, CA
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Mon, November 22, 2010 9:46:23 PM
Subject: [cdcbaa] Exempting debtor's interest in CP when nonfiling spouse has
the stuff...?
I am using 704 exemptions since hostile spouse won't speak to us in order to get
spousal waiverfor 703. Nonfiling hostile spouse has all the stuff (and the
child). On schedule B, do I only list 1/2 the FMV of the stuff and exempt it,
but then explain in notes that the full value is X? Or do I list the full FMV
(an not just debtor's CP interest), and exempt all of it? We don't care if
trustee goes after nonfiling spouse's share of the high end furniture, however,
child is using the stuff so maybe we don't want to be total jerks here.Suggestions?
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
Follow 541(a)(2) for schedule B. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.comPersonal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: Holly Roark <hollyroark22@gmail.com>To: cdcbaa@yahoogroups.comSent: Mon, November 22, 2010 9:46:23 PMSubject: [cdcbaa] Exempting debtor's interest in CP when nonfiling spouse has the stuff...?
I am using 704 exemptions since hostile spouse won't speak to us in order to get spousal waiver for 703. Nonfiling hostile spouse has all the stuff (and the child). On schedule B, do I only list 1/2 the FMV of the stuff and exempt it, but then explain in notes that the full value is X? Or do I list the full FMV (an not just debtor's CP interest), and exempt all of it? We don't care if trustee goes after nonfiling spouse's share of the high end furniture, however, child is using the stuff so maybe we don't want to be total jerks here. Suggestions?
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