legally separated vs. separated
Posted: Thu Feb 28, 2013 1:04 pm
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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
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> 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/)
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> 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
>>
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>>
>> 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.