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Dismissal of one of the debtors in a joint filing
You'll need a written agreement from clients and conflict waiver and a
motion to dismiss joint debtor.
This is not the first time debtors have forgotten to tell their attorney
they're not actually married.
sample motion attached.
On Tue, Feb 18, 2014 at 3:35 PM, wrote:
>
>
>
> I filed a joint chapter 7 case for a couple but after filing the wife
> calls me and tells me she forgot that years ago they got divorced and then
> got back together (never remarried though). Frankly, I don't know how you
> forget your divorce but thats not the point. My question is can I dismiss
> one of the debtors or must dismiss both? Alternatively, let the trustee
> know and the she will dismiss it?
>
> Any input is appreciated.
>
> Rachelle Shakoori
>
> Shakoori Law Group
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
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You'll need a written agreement from clients and conflict waiver and a motion to dismiss joint debtor.This is not the first time debtors have forgotten to tell their attorney they're not actually married.
sample motion attached.On Tue, Feb 18, 2014 at 3:35 PM, <rachelle@lawhf.com> wrote:
I filed a joint chapter 7 case for a couple but after filing the wife calls me and tells me she forgot that years ago they got divorced and then got back together (never remarried though). Frankly, I don't know how you forget your divorce but thats not the point. My question is can I dismiss one of the debtors or must dismiss both? Alternatively, let the trustee know and the she will dismiss it?
Any input is appreciated.Rachelle ShakooriShakoori Law Group
-- Christine A. Wilton, Esq.Law Office of Christine A. Wilton5011 Argosy Avenue, Suite 3Huntington Beach, CA 92649
Office: 714-533-9210Fax: 714-489-8150Email: attorneychristine@gmail.comWeb: www.attorneychristine.com
Blog:
The post was migrated from Yahoo.
I had this issue come up on a case where the debtors thought common law
applied. I dismissed the wife out and re-filed a separate case for her. I
had no issues doing this.
Shannon A. Doyle
Attorney at Law
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100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
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*From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
Of *Steven B. Lever
*Sent:* Tuesday, February 18, 2014 5:10 PM
*To:* cdcbaa@yahoogroups.com
*Subject:* RE: [cdcbaa] Dismissal of one of the debtors in a joint filing
Rachelle:
I don't know the procedure at this moment, but I want to caution you that
you have a duty to both clients, so if you cannot get a really good waiver
from the clients then I think you have to dismiss both, or even just
withdraw from the case with the court's permission if you don't get that.
Steve
Steven B. Lever
*From:* cdcbaa@yahoogroups.com
[mailto:cdcbaa@yahoogroups.com]
*On Behalf Of *rachelle@lawhf.com
*Sent:* Tuesday, February 18, 2014 3:35 PM
*To:* cdcbaa@yahoogroups.com
*Subject:* [cdcbaa] Dismissal of one of the debtors in a joint filing
I filed a joint chapter 7 case for a couple but after filing the wife calls
me and tells me she forgot that years ago they got divorced and then got
back together (never remarried though). Frankly, I don't know how you
forget your divorce but thats not the point. My question is can I dismiss
one of the debtors or must dismiss both? Alternatively, let the trustee
know and the she will dismiss it?
Any input is appreciated.
Rachelle Shakoori
Shakoori Law Group
The post was migrated from Yahoo.
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
I would double check the court records to make sure the divorce actually was finalized. Next, how have they been handling their tax returns if they were not married? There may be something more complicated that just this BK. Assuming they have been filing joint returns, I would dismiss both so that they can amend the returns prior to filing BK.
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
causeylaw@gmail.com
714-375-6663
714-908-7646 (fax)
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I would double check the court records to make sure the divorce actually was finalized. Next, how have they been handling their tax returns if they were not married? There may be something more complicated that just this BK. Assuming they have been filing joint returns, I would dismiss both so that they can amend the returns prior to filing BK.
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
causeylaw@gmail.com
714-375-6663
714-908-7646 (fax)
Any tax advice contained in the body of this e-mail (and any attachments thereto) was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions.
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
Please consider the environment before printing this e-mail.
The post was migrated from Yahoo.