I associated this question with Kirk's last which was asking if non-filer's
income, who lived in a separate household would have to be included. So
right, if everything looks good, there shouldn't be too much inquiry but I
am visualizing a schedule I that says spouse income is unknown or has
other oddities like wife is paying mortgage on her dwelling (listed as
expense on J) but other dwelling not listed in A.
Thanks for talking me through it.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Wed, Jul 30, 2014 at 11:41 AM,
jesseelaw@aol.com [cdcbaa] wrote:
>
>
> Why would it come up? It is one thing if the nonfiling spouse is hiding
> assets or refusing to discuss them with the filing spouse, then of course
> that is suspicious. If the Debtor believed something was being hidden or
> might be hidden by the nonfiling spouse, debtor would need to disclose
> those suspicions. It's entirely another thing if the spouse does not want
> to agree to run a credit report.
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
> OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
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> NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
> In a message dated 7/30/2014 11:26:16 A.M. Pacific Daylight Time,
>
cdcbaa@yahoogroups.com writes:
>
>
>
> In your experience this is true even if the non-filing spouse is
> uncooperative as to the bk filing?
>
> Sincerely,
> Michael Avanesian
>
> On Wed, Jul 30, 2014 at 10:58 AM, Mark Jessee
jesseelaw@aol.com [cdcbaa]
cdcbaa@yahoogroups.com> wrote:
>
>>
>>
>> One spouse filling alone happens all the time. Chapter 7 trustee
>> typically asks if there's any assets that this Bouthol that are not listed
>> in the petition. Some occasionally ask why the spouse didn't file also. By
>> and large they ask cursory questions and don't really raise an eyebrow
>> unless there's something suspicious apparent.
>>
>> The debtor can only do his/her best to complete the schedules and
>> statements based upon their own knowledge and information they're able to
>> compile.
>>
>> Mark Jessee
>>
>> Sent from my iPhone
>>
>> On Jul 30, 2014, at 10:30 AM, "Michael Avanesian
michael@avanesianlaw.com
>> [cdcbaa]" wrote:
>>
>>
>>
>> I think you should consider written disclosure to your client of the
>> potential consequences to his/her spouse of filing the bk. A Trustee is
>> going to be all over the non-filing spouse. I can imagine the 341(a)
>> meeting being mostly about the wife to determine whether a 2004 exam is
>> appropriate.
>>
>> Sincerely,
>> Michael Avanesian
>>
>> On Wed, Jul 30, 2014 at 9:27 AM, Kirk Brennan
kirkinhermosa@gmail.com
>> [cdcbaa] wrote:
>>
>>>
>>>
>>> If the non-filing spouse doesn't cooperate, how is the credit report
>>> of the non-filing spouse obtained (for purposes of adding non-filing spouse
>>> creditors to bankruptcy schedules)?
>>>
>>> Thanks,
>>>
>>> --
>>> Kirk Brennan
>>>
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>>>
>>>
>>
>
>
I associated this question with Kirk's last which was asking if non-filer's income, who lived in a separate household would have to be included. So right, if everything looks good, there shouldn't be too much inquiry but I am visualizing a schedule I that says spouse income is unknown or has otheroddities like wife is paying mortgage on her dwelling (listed as expense on J) but other dwelling not listed in A.
Thanks for talking me through it. Sincerely, Michael AvanesianLaw Offices of David A. Tilem
www.tilemlaw.com818-507-6000
On Wed, Jul 30, 2014 at 11:41 AM,
jesseelaw@aol.com [cdcbaa] <
cdcbaa@yahoogroups.com> wrote:
Why would it come up? It is one thing if the nonfiling spouse is
hiding assets or refusing to discuss them with the filing spouse, then of course
that is suspicious. If the Debtor believed something was being hidden or
might be hiddenby the nonfiling spouse, debtor would need to disclosethose suspicions. It's entirely another thing if the spouse does not want
to agree to run a creditreport.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.
Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED
TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE
THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
In a message dated 7/30/2014 11:26:16 A.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
In your experience this is true even if the non-filing
spouse is uncooperative as to the bk filing?
Sincerely,
Michael Avanesian
On Wed, Jul 30, 2014 at 10:58 AM, Mark Jessee
jesseelaw@aol.com [cdcbaa] <
cdcbaa@yahoogroups.com> wrote:
One spouse filling alone happens all the time. Chapter 7 trustee
typically asks if there's any assets that this Bouthol that are not listed
in the petition. Some occasionally ask why the spouse didn't file also. By
and large they ask cursory questions and don't really raise an eyebrow
unless there's something suspicious apparent.
The debtor can only do his/her best to complete the schedules and statements based upon their own knowledge and information they're able to
compile.
Mark Jessee
Sent from my iPhone
On Jul 30, 2014, at 10:30 AM, "Michael Avanesian
The post was migrated from Yahoo.