Motion to bifurcate for Ch13 - Where does the CP go?
Posted: Fri Jul 13, 2012 6:32 pm
So in this scenario, does the community property stay in husband's Ch 13
estate or does half stay in the 13 and half go to Ws 7? Since they filed
simultaneously, there is no first in time estate which gets all the
community property. 302(b) says the court shall determine the extent, if
any, to which the debtor's estates shall be consolidated. Does
consolidation require a court order? If the cases have not been
consolidated, does the W take her half of the community property to her 7?
If she does, does the item theory of community property apply where each
spouse has an undivided interest in each item and there each estate contains
half of each item?
Inquiring minds want to know. What say ye hoary members of cdcbaa?
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
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