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[SPAM] Interesting business versus consumer debt =
I disagree with Jay on this one. The risk can be less. I have never heard of the UST running two separate tests, one for each spouse. three times, i.e. once for the spouses together, once for h, and once for w.
There could be the odd case where a creditor does it, but unlikely it will be done by the ust.
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Friday, October 19, 2012 3:01 PM
Subject: Re: [SPAM] Re: [cdcbaa] Interesting business versus consumer debt question
Steven:
I typed 101 but meant 302.
Section 302(a) permits legally married couples to participate in special 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, 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.
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