Central District Consumer Bankruptcy Attorney's Association

Since you cannot answer this one by just reading the code, I'll add a little.
The code says ccp703.100, that spouses only get one set of exemptions.The code says either the spouse have to agree, or the court can pick, in the court's discretion.
So, some districts, Southern and Eastern, I believe, require the debtor to get a declaration from nonfiling spouse saying nonfiling spouse agrees to the use of 703 exemptions. If no dec, only 704's allowed.
It is a messy situation for the nonfiling and the filing spouse.
In our district, the first one who files gets to pick. The nonfiling spouse has to object.
dennis

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steve:
take a look atIn re Kimmel again, as long as she stays married to the debtor, she gets the benefit of the community property discharge without having a bankruptcy on her record.
dennis

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charset="windows-1251"
Please read applicable provisions of CCP
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.
robert90701@aol.com
Sent: Friday, June 04, 2010 8:21 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Single filing to joint filing by amending petition
Colleagues:
In the case of a separate filing for H & W, who gets the exemptions, since
only one set per married couple?
Robert Suhajda
In a message dated 6/3/2010 2:39:30 P.M. Pacific Daylight Time,
DavidTilem@TilemLaw.com writes:
Cannot. She must file her own case. Possible consolidation of the two
cases AFTER filing
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.
Steven B. Lever
Sent: Thursday, June 03, 2010 2:27 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Single filing to joint filing by amending petition
Yesterday I filed a Chapter 13 for a gentleman on an emergency basis to
stop a foreclosure that was to occur today. The gentleman said his wife
was at work and she could not attend and be part of the case. Wife
calls me today and is upset that she was not made part of the case so
she could also discharge her debts. Only he has done credit counseling
prepetition.
I imagine she is stuck with a separate case, but does anyone know if I
can amend the petition to include her under the circumstances?
Steve
Law Offices of Steven B. Lever
charset="windows-1251"
Message
Please read applicable
provisions of CCP


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

charset="UTF-8"

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Cannot. She must file her own case. Possible consolidation of the two
cases AFTER filing
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.
Steven B. Lever
Sent: Thursday, June 03, 2010 2:27 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Single filing to joint filing by amending petition
Yesterday I filed a Chapter 13 for a gentleman on an emergency basis to
stop a foreclosure that was to occur today. The gentleman said his wife
was at work and she could not attend and be part of the case. Wife
calls me today and is upset that she was not made part of the case so
she could also discharge her debts. Only he has done credit counseling
prepetition.
I imagine she is stuck with a separate case, but does anyone know if I
can amend the petition to include her under the circumstances?
Steve
Law Offices of Steven B. Lever
Message
Cannot. She must file
her own case. Possible consolidation of the two cases AFTER
filing


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

Yesterday I filed a Chapter 13 for a gentleman on an emergency basis to
stop a foreclosure that was to occur today. The gentleman said his wife
was at work and she could not attend and be part of the case. Wife
calls me today and is upset that she was not made part of the case so
she could also discharge her debts. Only he has done credit counseling
prepetition.
I imagine she is stuck with a separate case, but does anyone know if I
can amend the petition to include her under the circumstances?
Steve
Law Offices of Steven B. Lever

The post was migrated from Yahoo.