Central District Consumer Bankruptcy Attorney's Association

Hale:
my take mixed in with your questions
dennis
I have met with a married couple where, as is often the case, their secured debts are not all in one or the other's name. I understand that they are community in nature. If one files, is the secured debt of the other counted against the limits of 11 USC 109(e)?
I see that In re Monroe, 282 BR 219 (B.D.Ariz. 2002) held that a judgment debt owed by nondebtor husband must be considered toward the debt limit of debtor wife in a community property state.
However, is that only for "judgment" debt? Can this casebe distinguished fromone that lackeda judgment?(my guess - "no") Has anyone got a ruling on this by a Central District court? It might help to get some of these cases in while we wait for them to raise the secured debt limits.
(Elmer or others - if debtor wife files and we assume that all tax refunds go to pay down plan, can nondebtor husband still somehow receive his tax refund if he files "innocent spouse" or some other such thing?)
Hale

The post was migrated from Yahoo.

Hale:
my take mixed in with your questions
dennis
I have met with a married couple where, as is often the case, their secured debts are not all in one or the other's name. I understand that they are community in nature. If one files, is the secured debt of the other counted against the limits of 11 USC 109(e)?
I see that In re Monroe, 282 BR 219 (B.D.Ariz. 2002) held that a judgment debt owed by nondebtor husband must be considered toward the debt limit of debtor wife in a community property state.
However, is that only for "judgment" debt? Can this casebe distinguished fromone that lackeda judgment?(my guess - "no") Has anyone got a ruling on this by a Central District court? It might help to get some of these cases in while we wait for them to raise the secured debt limits.
(Elmer or others - if debtor wife files and we assume that all tax refunds go to pay down plan, can nondebtor husband still somehow receive his tax refund if he files "innocent spouse" or some other such thing?)
Hale

The post was migrated from Yahoo.

I have met with a married couple where, as is often the case, their secured
debts are not all in one or the other's name. I understand that they are
community in nature. If one files, is the secured debt of the other counted
against the limits of 11 USC 109(e)?

I see that In re Monroe, 282 BR 219 (B.D.Ariz. 2002) held that a judgment
debt owed by nondebtor husband must be considered toward the debt limit of
debtor wife in a community property state.

However, is that only for "judgment" debt? Can this case be distinguished
from one that lacked a judgment? (my guess - "no") Has anyone got a
ruling on this by a Central District court? It might help to get some of
these cases in while we wait for them to raise the secured debt limits.

(Elmer or others - if debtor wife files and we assume that all tax refunds
go to pay down plan, can nondebtor husband still somehow receive his tax
refund if he files "innocent spouse" or some other such thing?)

Hale
I have met with a
married couple where, as is often the case, their secured debts are not all in
one or the other's name. I understand that they are community in
nature. If one files, is the secured debt of the other counted against the
limits of 11 USC 109(e)?

I see that In re
Monroe, 282 BR 219 (B.D.Ariz. 2002) held that a
judgment debt owed by nondebtor husband must be considered toward the debt limit
of debtor wife in a community property state.

However, is that
only for "judgment" debt? Can this case be distinguished
from one that lacked a judgment? (my guess -
"no") Has anyone got a ruling on this by a Central District court?
It might help to get some of these cases in while we wait for them to raise the
secured debt limits.

(Elmer or others -
if debtor wife files and we assume that all tax refunds go to pay down plan, can
nondebtor husband still somehow receive his tax refund if he files "innocent
spouse" or some other such thing?)

Hale

The post was migrated from Yahoo.