Newlywed Qualify for 7?
Posted: Fri Feb 08, 2019 4:51 pm
I'm hoping Pat Green can chime in here, and straighten us out.Is there something known as a "separate property debt?" I thought there were debts that attached to individuals. When the debt attaches to an individual, the creditor is allowed to satisfy it from any of the individual's property. After the individual is married, that property includes the individual's community property, as well as her separate property.Please also note that the IRS would never be able to move as fast as you suggest. It's just not that competent. But it would have the right to do that. Medieval? Perhaps.
- John D. Faucher
On Friday, February 8, 2019, 4:42:55 PM PST, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
Im kind of shocked John. So lets say I get married to a tax debtor and make the mistake of inviting you to the wedding (when you were on the dark side) and the following Friday, or so, I can have a wage garnishment from the IRS. I havent heard of anything as medieval since Droit du Seigneur.
I dont think her community property my wages in this hypotheticalcan be used to pay a separate property debt.
Im no sure what this has to do with malpractice, at this point, but Im a little concerned about my understanding of community property law. Thats been the case since law school. Maybe I can finally figure it out.
Steve Lever
Sent: Thursday, February 07, 2019 3:29 PM
To: 'Steven B. Lever' sblever@leverlaw.com [cdcbaa]
Subject: Re: [cdcbaa] Newlywed Qualify for 7?
Is this true? I know that at IRS, we could go after community property assets to satisfy the premarital tax liabilities of one spouse, meaning we could garnish either spouse in your fact pattern. I think a credit card judgment operates under the same theory: doesn't matter who incurred the debt, the judgment can be satisfied by the community.
If I'm wrong, let me know before I need to call my malpractice carrier.- John D. Faucher
818/889-8080
On Thursday, February 7, 2019, 2:00:33 PM PST, 'Steven B. Lever'sblever@leverlaw.com [cdcbaa] wrote:
I agree, I think, but it seems odd that under state law its not his debt, but his income will pay for it. Absent filing a bankruptcy, no one can make him pay for that debt. Hes not filing the bankruptcy and yet his income gets vacuumed up.
It seems like a federal penalty for him.
From:cdcbaa@yahoogroups.com
Sent: Thursday, February 07, 2019 1:41 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Newlywed Qualify for 7?
I don't think so. Her substantial income is able to repay her debt, and absent a prenup, his income is hers also. Even if they got married yesterday, while the lookback period would exclude his income, going forward you can't and you'd face OUST action since they together can fund a 13. Heck, I've had OUST assert a non-spouse's paycheck counts on B22 as part of the household. I don't know how you get around this. The "I don't want to marry your debt" talk should've happened before the wedding, not after the honeymoon.
Hale Andrew Antico
(888) 54-BKLAW
http://www.los-angeles-bankruptcy.net
Vice-President, Central Dist Consumer Bankruptcy Attorneys' Assn.(CDCBAA)
Past President, James T. King Bankruptcy Inn of Court
Member, National Association of Consumer Bankruptcy Attorneys (NACBA)
We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws.
We assist people with finding solutions to their debt problems, including, where appropriate, assisting them with the filing of petitions for relief under the United States Bankruptcy Code.
Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.
This does not constitute an electronic signature.
On 2/7/2019 1:29 PM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
A PC just wed 6 months ago. Her H makes $90K and so does she. All debt is separate property debt.
Outside bankruptcy he is not responsible for her debt, yet his income counts for the means test. She has 2 kids from former relationship and may qualify is she werent married.
Any way to exclude his income or claim special circumstances for her on means test you can figure?
Thank you
Steve
Law Offices of Steven B. Lever
Steven B. Lever
(Tel. (562) 436-5456 ext. 1
(Fax (562) 485-6886
*sblever@leverlaw.com
******************************************************
This Internet e-mail contains confidential information
which is intended only for the addressee and which may
be privileged under applicable law. Do not read, copy
or disseminate it if you are not the addressee. If you
have received this message in error, please notify the
sender immediately and delete it. Thank you.
******************************************************
I'm hoping Pat Green can chime in here, and straighten us out. Is there something known as a "separate property debt?" I thought there were debts that attached to individuals. When the debt attaches to an individual, the creditor is allowed to satisfy it from any of the individual's property. After the individual is married, that property includes the individual's community property, as well as her separate property. Please also note that the IRS would never be able to move as fast as you suggest. It's just not that competent. But it would have the right to do that. Medieval? Perhaps. - John D. Faucher
On Friday, February 8, 2019, 4:42:55 PM PST, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Im kind of shocked John. So lets say I get married to a tax debtor and make the mistake of inviting you to the wedding (when you were on the dark side)
and the following Friday, or so, I can have a wage garnishment from the IRS. I havent heard of anything as medieval since Droit du Seigneur.
I dont think her community property my wages in this hypotheticalcan be used to pay a separate property debt.
Im no sure what this has to do with malpractice, at this point, but Im a little concerned about my understanding of community property law. Thats been
the case since law school. Maybe I can finally figure it out.
Steve Lever
From: cdcbaa@yahoogroups.com <cdcbaa@yahoogroups.com>
Sent: Thursday, February 07, 2019 3:29 PM
To: 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] <cdcbaa@yahoogroups.com>
Subject: Re: [cdcbaa] Newlywed Qualify for 7?
Is this true? I know that at IRS, we could go after community property assets to satisfy the premarital tax liabilities of one spouse, meaning we could garnish either spouse in
your fact pattern. I think a credit card judgment operates under the same theory: doesn't matter who incurred the debt, the judgment can be satisfied by the community.
If I'm wrong, let me know before I need to call my malpractice carrier.
- John D. Faucher
818/889-8080
On Thursday, February 7, 2019, 2:00:33 PM PST, 'Steven B. Lever'
sblever@leverlaw.com [cdcbaa] <
The post was migrated from Yahoo.