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unmarried couple filing jointly
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Actually the FRBP also refers to the commencement of a joint case as 2
separate cases. Our local rules, probably improperly, reverse the burden
and treat the cases as substantively consolidated unless someone objects.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
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Nancy:
Section 302(b) states:
After the commencement of a joint case, the court shall determine the extent, if any, to whch the debtor'sestates should be consolidated.
This is the only real indication in the code that a joint case actually makes two separate estates, but it is there.
I suggest immediate motion to sever the two estates and dismiss one.
We used to do these motions fairly regularly before the Judge Zurzolo group got on the bench. The real problem is you have two people in a bankruptcy and only one fee paid.
The alternative is to move to have the esates separately administered, and offer to pay a second fee.
from fastcase:
113 B.R. 427
In the Matter of Anthony Q. CHAN and Estrellita L. Chan, Debtors.
In the Matter of Anthony Q. CHAN and Estrellita L. Chan, Appellees,
v.
AUSTIN BANK OF CHICAGO, Appellant.
No. 89 C 1218.
United States District Court, N.D. Illinois, E.D.
April 30, 1990.
Page 428
After the commencement of a joint bankruptcy case, it is within the bankruptcy court's discretion to determine the extent to which the two estates shall be consolidated. 11 U.S.C. 302(b). "Factors that will be relevant in the court's determination include the extent of jointly held property and the amount of jointly-owned debts." In re Lewellyn, 26 B.R. 246, 250 (Bkrtcy.S.D.Iowa 1982) citing Notes of Committee on the Judiciary, Senate Report No. 95-989, U.S.Code Cong. & Admin.News 1978, p. 5787. Cases should be consolidated where the affairs of the husband and wife are so intermingled that their respective assets and liabilities cannot be separated. In re Barnes, 14 B.R. 788, 790 (Bkrtcy.N.D.Tex.1981).
ide any standards for determining the circumstances under which cases should be consolidated. In fact, there is very little case law under this section. 11 U.S.C.A. 302(b) (1979 & Supp.1990); 2 Collier on Bankruptcy, 302.05 (15th ed. 1987). Therefore, the extent to which the assets and liabilities should be intermingled before ordering consolidation must be decided on a case by case basis. In re Vecco Const. Industries, Inc., 4 B.R. 407, 410 (Bkrtcy.E.D.Va.1980).
dennis
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We have a situation where the debtors believed they were common law husband and wife and, therefore, represented to our attorney that they were married. They filed joint tax returns stating that they were married. However, as stated above they are not legaly married.
Can we dismiss the case as to one and at least get a discharge as to one and file a new bk for the other? Does anyone have a brief on bifurcation?
The Judge is SB and the tee is John Pringle.
Nancy B. Clark
Borowitz, Lozano & Clark
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
(626) 332-8600
(626)332-8644
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