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[SPAM] Interesting business versus consumer debt question
Steven:
I typed 101 but meant 302.
Section 302(a) permits legally married couples to participate in special
on
of a jointly filed case. Joint filings by husband and wife are in reality
two bankruptcy cases which are administered as a single case for the sake
of judicial economy.
If the husband and wife file jointly, the case can be dismissed under
707(b) as to one of them or as to both of them.
So yes, they can file together. But the risk doesn't go away if they do
so.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
Smart Solutions To Bill Problems
T: 626-808-4343 x704
E: jay@sflawca.com
www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
Email isn't secure, so it's not confidential. By communicating with me by
email, you understand that it's not confidential.
Steven:I typed 101 but meant 302.Section 302(a) permits legally married couples to participate in special joint filings. Bankruptcy Rule 1015(b) governs the joint administration of a jointly filed case. Joint filings by husband and wife are in reality two bankruptcy cases which are administered as a single case for the sake of judicial economy.
If the husband and wife file jointly, the case can be dismissed under 707(b) as to one of them or as to both of them.So yes, they can file together. But the risk doesn't go away if they do so.
-------------Jay S. Fleischman, Esq.Shaev & Fleischman, LLPSmart Solutions To Bill ProblemsT: 626-808-4343 x704E: jay@sflawca.com
www.ConsumerHelpCentral.com556 S Fair Oaks Ave Ste 101-152Pasadena CA 91105-2656Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.
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Jay:
I just looked at 101. I don't see the word "individual" defined in 101 and although "debtor" is defined it does not address this. So where is it in 101?
Most of the tax debt is dischargeable tax debt. I'm planning for the filing about 1 year in advance, and total debt discharged is about $85,000. Only the recent years, 2010 and later, are not dischargeable. That is the reason for filing.
Btw, sorry for delay in responding, my spam filter has gone crazy.
Steven B. Lever
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