Ch 13 Nonfiling spouse wants to file Ch 7 =C2=A0 =C2=
Posted: Fri Aug 03, 2018 12:10 pm
Thanks for clearing this up; I had seen the same problem with the original post that you did.I can't help but point out that the waters in the underlying marriage may be a bit muddied, however, by your choice of words: "The non-fling spouse".Are there different rules for community discharges when one of the spouses is involved in a marital transgression?- John D. Faucher818/889-8080
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To: "cdcbaa@yahoogroups.com"
Sent: Friday, August 3, 2018 11:50 AM
Subject: RE: [cdcbaa] Re: Ch 13 Nonfiling spouse wants to file Ch 7
a poor choice of words) which is muddying the waters, I make the following observations. There is no community propertyes not join in the filing. The non-fling spouse does not receive a discharge and there is no restriction on them filing a bankruptcy based on their spouses filing. What does happen as a result of the filing spouses bk that involves CP is a discharge injunction is created under 524(a)(3) which enjoins collection of any debt from CP acquired after the commencement of the case. Barring a valid prenup, the filing spouse has an undivided interest in the wages of the non-filing spouse because they are CP and therefore the non-fliers creditors cannot get to those wages or any other after acquired CP, subject to the exceptions in 524(b). If you have any questions or concerns, please contact me. Pat Patrick T. Green 1010 E. Union St. Ste. 206 Pasadena, CA 91106 Ph: 626-449-8433 Fax: 626-449-0565 Email:pat@fitzgreenlaw.com CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, anoups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Thursday, August 02, 2018 2:25 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: Ch 13 Nonfiling spouse wants to file Ch 7 r of cases in which a previously non filing spouse then decided to file his
The post was migrated from Yahoo.