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Exemption Question/Brainteaser
charset="windows-1251"
Yes, you can move to substantively consolidate the cases.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Mark J. Markus
Sent: Sunday, February 07, 2010 4:01 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Exemption Question/Brainteaser
re: the consolidation issue: I was recently considering how to deal with a
married gay couple (one of the few who were "legally" married in
California). Since the marriage isn't recognized under Federal Law (Defense
of Marriages Act, or whatever), we'd technically have to file two separate
cases which would result in one of the two passing the means test and the
other not. I was wondering if in that situation we could file two separate
cases, then move to SUBSTANTIVELY consolidate the two.
*************************
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)
web: http://www.bklaw. com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
http://bklaw.
The post was migrated from Yahoo.
re: the consolidation issue: I was recently considering how to deal
with a married gay couple (one of the few who were "legally" married in
California). Since the marriage isn't recognized under Federal Law
(Defense of Marriages Act, or whatever), we'd technically have to file
two separate cases which would result in one of the two passing the
means test and the other not. I was wondering if in that situation we
could file two separate cases, then move to SUBSTANTIVELY consolidate
the two.
*************************
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)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
________________________________________________
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On 2/7/2010 2:52 PM, David A. Tilem wrote:
>
>
> Joint cases are administratively consolidated, not substantively
> consolidated, so it is not unreasonable for each to have his, or her
> own set of exemptions. The fact that they are different is
> problematic only where there is a code section, like CCP, which says
> they cannot have two different sets. See if there is a similar
> statute in Idaho which says they cannot have 2 different sets.
> *David A. Tilem*
> Certified Bankruptcy Specialist**^* **
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
> -----Original Message-----
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On
> Behalf Of *t_mannis
> *Sent:* Saturday, February 06, 2010 9:55 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Exemption Question/Brainteaser
>
> Chapter 7, clients are husband and wife. They are separated, though
> not in the divorce sense (not yet, anyways). Originally from
> California, they move to Idaho five or six years ago. They have a
> house there, though it has no equity. A year and a half ago, husband
> moves back to California, because he gets a decent job offer.
> Therefore, he now lives here, and has for some time. So, venue not a
> problem. Nor is means test, because with separated couples, the state
> median income used is that of the spouse who earns more, which is him.
>
> So, exemptions. We know California doesn't work, because neither has
> been here for two years, and when we go back 180 days, its Idaho. Only
> one problem...he is no longer a resident of Idaho, according to Idaho
> code. OK, default to the federal exemptions, which is good, I'd rather
> be there anyway, given the wild card. Right? Well, wife IS a resident
> of Idaho. Idaho does not allow the use of the federal exemptions. So,
> unless I'm mistaken (which I would be almost be grateful for), it
> would appear as if he's stuck with feds, she's stuck with Idaho, which
> cannot be. Any ideas? LOL, supremacy clause perhaps?!
>
> Todd Mannis, Esq.
>
>
>
>
The post was migrated from Yahoo.
charset="windows-1251"
Joint cases are administratively consolidated, not substantively
consolidated, so it is not unreasonable for each to have his, or her own set
of exemptions. The fact that they are different is problematic only where
there is a code section, like CCP, which says they cannot have two different
sets. See if there is a similar statute in Idaho which says they cannot
have 2 different sets.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
t_mannis
Sent: Saturday, February 06, 2010 9:55 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Exemption Question/Brainteaser
Chapter 7, clients are husband and wife. They are separated, though not in
the divorce sense (not yet, anyways). Originally from California, they move
to Idaho five or six years ago. They have a house there, though it has no
equity. A year and a half ago, husband moves back to California, because he
gets a decent job offer. Therefore, he now lives here, and has for some
time. So, venue not a problem. Nor is means test, because with separated
couples, the state median income used is that of the spouse who earns more,
which is him.
So, exemptions. We know California doesn't work, because neither has been
here for two years, and when we go back 180 days, its Idaho. Only one
problem...he is no longer a resident of Idaho, according to Idaho code. OK,
default to the federal exemptions, which is good, I'd rather be there
anyway, given the wild card. Right? Well, wife IS a resident of Idaho. Idaho
does not allow the use of the federal exemptions. So, unless I'm mistaken
(which I would be almost be grateful for), it would appear as if he's stuck
with feds, she's stuck with Idaho, which cannot be. Any ideas? LOL,
supremacy clause perhaps?!
Todd Mannis, Esq.
charset="windows-1251"
Message
Joint cases are
administratively consolidated, not substantively consolidated, so it is notunreasonable for each to have his, or her own set of exemptions. The fact
that they are different is problematic only where there is a code section, like
CCP, which says they cannot have two different sets. See if there is a
similar statute in Idaho which says they cannot have 2 different
sets.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Chapter 7, clients are husband and wife. They are separated, though not in the divorce sense (not yet, anyways). Originally from California, they move to Idaho five or six years ago. They have a house there, though it has no equity. A year and a half ago, husband moves back to California, because he gets a decent job offer. Therefore, he now lives here, and has for some time. So, venue not a problem. Nor is means test, because with separated couples, the state median income used is that of the spouse who earns more, which is him.
So, exemptions. We know California doesn't work, because neither has been here for two years, and when we go back 180 days, its Idaho. Only one problem...he is no longer a resident of Idaho, according to Idaho code. OK, default to the federal exemptions, which is good, I'd rather be there anyway, given the wild card. Right? Well, wife IS a resident of Idaho. Idaho does not allow the use of the federal exemptions. So, unless I'm mistaken (which I would be almost be grateful for), it would appear as if he's stuck with feds, she's stuck with Idaho, which cannot be. Any ideas? LOL, supremacy clause perhaps?!
Todd Mannis, Esq.
The post was migrated from Yahoo.