Are student loans included in class 5 and paid according
Posted: Wed Aug 29, 2012 5:36 pm
Nick, I appreciate all this info. It's very helpful. There is another
wrinkle in this case and that is that the spouses are filing for a legal
separation, but debtor won't be moving out for a while. I suppose we could
wait until he moves out before we file, but he is already quite behind on
the student loan debt and wants to file as soon as possible. I know there
will be extra scrutiny on a case where the debtor is separated but still
living with the spouse, but I believe this to be legit and not designed to
thwart the bankruptcy process. It's my understanding that if they are
legally separated then the income of the wife will cease to be community
property as of the date of separation. It's probably best to wait until he
moves out to file.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Tue, Aug 28, 2012 at 7:11 PM, Nicholas Gebelt wrote:
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> Dear Holly,****
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> Be careful! ****
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> ***I. ****The Wifes Income Is Community Property***
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> The fact that the wife is not filing does not exempt her income from
> consideration. Her income is community property, and is considered
> available for plan payments. *See, e.g.*, *In re Hull*, 251 B.R. 726
> (B.A.P. 9th Cir. 2000) (
> http://scholar.google.com/scholar_case? ... 029585&qco
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