Central District Consumer Bankruptcy Attorney's Association

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Strike while the fire is hot. Zealous representation.
D
Sent from my iPhone
On Feb 27, 2013, at 11:23 PM, "Mark J. Markus" wrote:
> But at least for means test purposes, it is part of the calculus that the separation must not be for the purpose of passing the means test. While I'm sure it's the debtor and spouse's subjective intent that controls, I am wary of the possibility that given their past history, they could reconcile within a few months after the bankruptcy case is filed, and someone could (albeit unlikely) make an issue out of this. So I'm just trying (in my normal paranoid manner) to see if there's anything I can advise this PNC to do to bolster the evidence that they are legitimately separated.
>
> *************************
> 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/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
>
> This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://www.bklaw.com/bankruptcy-blog/20 ... 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.
> On 2/27/2013 10:40 PM, Jay Fleischman wrote:
>> I've never even considered this. If a client says he's LIVING SEPARATELY from his spouse, then we don't worry about the spouse.
>>
>> Let 'em date, have "relations" of a biblical nature, and do whatever else they want to do. So long as they maintain separate households, I've always been contented.
>>
>> -------------
>> Jay S. Fleischman, Esq.
>> Shaev & Fleischman, LLP
>>
>> I help people in the Los Angeles area and New York City get smart solutions to their bill problems.
>>
>> http://www.ConsumerHelpCentral.com
>>
>> 556 S Fair Oaks Ave Ste 101-152
>> Pasadena CA 91105-2656
>>
>> 350 Fifth Avenue, Suite 7210
>> New York NY 10118
>>
>> T: 626-808-4343 x704
>> E: jay@sflawca.com
>>
>> Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.
>>
>>
>> On Wed, Feb 27, 2013 at 4:24 PM, Mark J. Markus wrote:
>> I have a PNC (H) who just separated from his wife last month. She moved into a different place where she now pays rent. The two have a history of splitting up and reconciling.
>>
>> H needs to file bankruptcy. By himself, he qualifies for Chapter 7. If we include wife's income and expenses, he probably would need to do a Chapter 13.
>>
>> What is the best way to establish that the separation was not just for the purpose of qualifying for Chapter 7? Does getting a "legal separation" hold any impact? >>
>>
>>
>> *************************
>> 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/
>> Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
>>
>> This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://www.bklaw.com/bankruptcy-blog/20 ... 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.
>>
>>
>
Strike while the fire is hot. Zealous representation. DSent from my iPhoneOn Feb 27, 2013, at 11:23 PM, "Mark J. Markus" <bklawr@yahoo.com> wrote:
But at
least for means test purposes, it is part of the calculus that
the separation must not be for the purpose of passing the means
test. While I'm sure it's the debtor and spouse's subjective
intent that controls, I am wary of the possibility that given
their past history, they could reconcile within a few months
after the bankruptcy case is filed, and someone could (albeit unlikely)
make an issue out of this. So I'm just trying (in my normal
paranoid manner) to see if there's anything I can advise this
PNC to do to bolster the evidence that they are legitimately
separated.


*************************
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/
Certified Bankruptcy Law Specialist--The State Bar of
California Board of Legal Specialization
<blslogoemail.gif>
This Firm is a Qualified Federal Debt Relief Agency (see what
this means at
http://www.bklaw.com/bankruptcy-blog/20 ... efinition/)

The post was migrated from Yahoo.

LOL....Pat's either had his morning coffee, or not enough
*************************
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/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at

The post was migrated from Yahoo.

Is this what they call Friday light?

The post was migrated from Yahoo.

Did she move out to beat the means test? Doesn't sound like it. That she
may come back doesn't show that they are trying to beat the means test, it
shows they are emotionally confused. That this has happened multiple times
is proof that she leaves for emotional reasons, not to beat the means test.
UST atty: "And Ms. X, didn't really leave to beat the means test? " Answer:
" Yes he is a mean bastard, that is why I left." Q: "Did you know that with
your income included, the presumption would arise?" A: "It hasn't arisen
in months, that's part of the problem!"
Debtor's atty: "Do you have a copy of the bankruptcy code with you?"
Answer: "The what?" Q: "Could you tell the court what a means test is?" A:
"Is it like when you go a psychologist and they give you a test to see if
you are mean?" Debtor's counsel: "no further questions."
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

The post was migrated from Yahoo.

I have had clients who had a spouse with location unknown, income unknown. Client was asked for income tax return. When last few returns were not joint returns, that was the clincher. No problem.
Margaret Norman, Attorney
111 N. Sepulveda Blvd. #355
Manhattan Beach, Ca. 90266
310-376-7873
Marge@Margeslaw.com

The post was migrated from Yahoo.

But at least for means test purposes, it is part of the calculus
that the separation must not be for the purpose of passing the means
test. While I'm sure it's the debtor and spouse's subjective intent
that controls, I am wary of the possibility that given their past
history, they could reconcile within a few months after the
bankruptcy case is filed, and someone could (albeit unlikely) make
an issue out of this. So I'm just trying (in my normal paranoid
manner) to see if there's anything I can advise this PNC to do to
bolster the evidence that they are legitimately separated.
*************************
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/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at

The post was migrated from Yahoo.

I've never even considered this. If a client says he's LIVING SEPARATELY
from his spouse, then we don't worry about the spouse.
Let 'em date, have "relations" of a biblical nature, and do whatever else
they want to do. So long as they maintain separate households, I've always
been contented.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people in the Los Angeles area and New York City get smart solutions
to their bill problems.
http://www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
350 Fifth Avenue, Suite 7210
New York NY 10118
T: 626-808-4343 x704
E: jay@sflawca.com
Email isn't secure, so it's not confidential. By communicating with me by
email, you understand that it's not confidential.
On Wed, Feb 27, 2013 at 4:24 PM, Mark J. Markus wrote:
> I have a PNC (H) who just separated from his wife last month. She moved
> into a different place where she now pays rent. The two have a history of
> splitting up and reconciling.
>
> H needs to file bankruptcy. By himself, he qualifies for Chapter 7. If
> we include wife's income and expenses, he probably would need to do a
> Chapter 13.
>
> What is the best way to establish that the separation was not just for the
> purpose of qualifying for Chapter 7? Does getting a "legal separation"
> hold any impact?
>
>
>
> *************************
> 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/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
>
> This Firm is a Qualified Federal Debt Relief Agency (see what this means
> at
> http://www.bklaw.com/bankruptcy-blog/20 ... 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.
>
>
I've never even considered this. If a client says h
The post was migrated from Yahoo.

I have a PNC (H) who just separated from his wife last month. She
moved into a different place where she now pays rent. The two have
a history of splitting up and reconciling.
H needs to file bankruptcy. By himself, he qualifies for Chapter
7. If we include wife's income and expenses, he probably would need
to do a Chapter 13.
What is the best way to establish that the separation was not just
for the purpose of qualifying for Chapter 7? Does getting a "legal
separation" hold any impact?
*************************
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/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at

The post was migrated from Yahoo.