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non-debtor spouse maintains separate household/scheduling
Speaking from past experience in prior cases with similar facts, you
only need to include her income on Schedule I and her own expenses
on Schedule J IF WIFE IS FILING BY HERSELF. That's how I've always
done it and have never had a problem. Although H's income may still
be community income as they are not legally separated or divorced,
H's income is not part of W's household income if the spouses keep
their income separate since they are living apart. In short, as long
as wife is filing by herself, only her income and her own expenses
will be taken into consideration for purposes of determining Chapter
7 eligibility. That's been my experience. If anyone,s had a
different experience, I would be glad to hear about it. Thanks.
Ray Bulaon
> Revisiting this issue to see what others do:
>
> H&W are living apart, but they are NOT legally separated or
divorced. This takes place in California, a C/P State.
>
> W wants to file bankruptcy.
>
> Does W have to include H's income and expenses and, if so, if a
surplus is caused by H's income, would that be grounds for a 707(b)
motion?
>
> ***********************************************
> 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)
> e-mail: bklawr@b...
> web: http://www.bklaw.com/
> ************************************************
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or
> entity to which it is addressed and may contain information that is
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Dissemination,
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The post was migrated from Yahoo.
Revisiting this issue to see what others do:
H&W are living apart, but they are NOT legally separated or divorced. This takes place in California, a C/P State.
W wants to file bankruptcy.
Does W have to include H's income and expenses and, if so, if a surplus is caused by H's income, would that be grounds for a 707(b) motion?
***********************************************
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)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
Revisiting this issue to see what others
do:
H&W are living apart, but they are NOT legally
separated or divorced. This takes place in California, a C/P
State.
W wants to file bankruptcy.
Does W have to include H's income and expenses and,
if so, if a surplus is caused by H's income, would that be grounds for a 707(b)
motion?
***********************************************Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb:
The post was migrated from Yahoo.