Effect of Legal Separation on Schedule I and Form 22A

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charset="windows-1251"
My brother Dennis is correct.
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.
Dennis
Sent: Saturday, July 10, 2010 2:23 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Effect of Legal Separation on Schedule I and Form 22A
Existing Community property does not change it's character until there is a
split of the property by the divorce court. However, and some of the family
law crossdressers please chime in if I'm wrong, at separation earnings
become separate.
Sent from my iPhone
On Jul 10, 2010, at 10:42 AM, "Mark J. Markus" wrote:
Dennis--
Shouldn't 707-b-7-B be hyphenated?
Anyway, thanks. I figured that part out right after I hit "enter", but I
still need an answer to the main question which is whether a legal
separation terminates the community for purposes of Schedule "I" listing.
I assume it would if it is explicitly excluded from the means test, but
that's not necessarily the case, particularly if the separation occurs just
prior to filing the petition. Probably just a fact-driven answer on a
case-by-case basis.
On 7/10/2010 10:35 AM, Dennis McGoldrick wrote:
707(b)(7)(B)
wrote:

The post was migrated from Yahoo.

[Yahoo Bot]

Existing Community property does not change it's character until there is a split of the property by the divorce court. However, and some of the family law crossdressers please chime in if I'm wrong, at separation earnings become separate.
Sent from my iPhone
On Jul 10, 2010, at 10:42 AM, "Mark J. Markus" wrote:
Dennis--
Shouldn't 707-b-7-B be hyphenated?
Anyway, thanks. I figured that part out right after I hit "enter", but I still need an answer to the main question which is whether a legal separation terminates the community for purposes of Schedule "I" listing. I assume it would if it is explicitly excluded from the means test, but that's not necessarily the case, particularly if the separation occurs just prior to filing the petition. Probably just a fact-driven answer on a case-by-case basis.
On 7/10/2010 10:35 AM, Dennis McGoldrick wrote:
707(b)(7)(B)

The post was migrated from Yahoo.

[Yahoo Bot]

Dennis--
Shouldn't 707-b-7-B be hyphenated?
Anyway, thanks. I figured that part out right after I hit "enter",
but I still need an answer to the main question which is whether a
legal separation terminates the community for purposes of Schedule
"I" listing. I assume it would if it is explicitly excluded from
the means test, but that's not necessarily the case, particularly if
the separation occurs just prior to filing the petition. Probably
just a fact-driven answer on a case-by-case basis.
On 7/10/2010 10:35 AM, Dennis McGoldrick wrote:
>
>
> 707(b)(7)(B)
>
> --- On *Fri, 7/9/10, Mark J. Markus //* wrote:
>
>
> Subject: [cdcbaa] Effect of Legal Separation on Schedule I and
> Form 22A
> To: cdcbaa@yahoogroups.com
> Date: Friday, July 9, 2010, 10:30 AM
>
> Just want to be clear on this:
>
> W wants to file a Chapter 7 case. Between her and her husband,
> their income would allow them to do a Ch. 13 case with a decent
> repayment plan. Without H's income, however, it would be an easy
> Ch. 7 case. They plan to get divorced and W is going to keep the
> kids and the condo.
>
> If they get legally separated, is that sufficient to terminate
> the
> community and not have to include H's income on Schedule "I"?
>
> And, as a corollary question, let's say they get legally
> separated
> within 6 months prior to filing the Chapter 7 case for W: Does
> H's
> income received in the past 6 months still get included in the
> means
> test?
>
> *************************
> 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/)
> ________________________________________________
> NOTICE: This Electronic Message contains information from the
> law office of Mark J. Markus that may be privileged. The
> information is intended for the use of the addressee only. If
> you are not the addressee, note that any disclosure, copy,
> distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with
> requirements imposed by the IRS, we inform you that any U.S.
> tax advice contained in this communication (or in any
> attachment) is not intended or written to be used, and cannot
> be used, for the purpose of (i) avoiding penalties under the
> Internal Revenue Code or (ii) promoting, marketing or
> recommending to another party any transaction or matter
> addressed in this communication.
>
>
>
>
>

The post was migrated from Yahoo.

[Yahoo Bot]

707(b)(7)(B)

The post was migrated from Yahoo.

[Yahoo Bot]

Just want to be clear on this:
W wants to file a Chapter 7 case. Between her and her husband,
their income would allow them to do a Ch. 13 case with a decent
repayment plan. Without H's income, however, it would be an easy
Ch. 7 case. They plan to get divorced and W is going to keep the
kids and the condo.
If they get legally separated, is that sufficient to terminate the
community and not have to include H's income on Schedule "I"?
And, as a corollary question, let's say they get legally separated
within 6 months prior to filing the Chapter 7 case for W: Does H's
income received in the past 6 months still get included in the means
test?
*************************
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/)
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

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