Central District Consumer Bankruptcy Attorney's Association

No question but that they must file separate petitions.
The issue is whether they must share exemptions.
Since exemptions are creatures of CA law, CA law would control.
Someone posted a portion of the CCP which said that even if they file
separate, married couples can share only one homestead.
I do not know if this applies to other exemptions as well as the homestead,
i.e. the wildcard.
Check statutory provisions first.
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.
dbcommons
Sent: Thursday, January 07, 2010 10:39 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] married same-sex couple and 703.140 exemptions
Listmates:
I am looking at a situation somewhat similar to the domestic partner
disucussion that has been carried on here recently. Clients are married
same-sex couple (married legally in CA during the interim period). There are
assets that need to be protected with the wild card exemption. I will file
separately for them (with "married" marked and explained). I would very much
like to be able to use the wild card for each filer. 703.140(a)(2) refers
specifically to "husband or a wife"--does this allow me to use it twice? In
re-reading this section I am asking myself if I've missed something in the
past--can spouses (same sex or different sex) filing separately each claim
the 703.140(b) exemptions?
Thanks in advance for your insights,
David Commons
Message
No question but that they
must file separate petitions.

The issue is whether they
must share exemptions.

Since exemptions are
creatures of CA law, CA law would control.

Someone posted a portion of
the CCP which said that even if they file separate, married couples can share
only one homestead.

I do not know if this
applies to other exemptions as well as the homestead, i.e. the
wildcard.

Check statutory provisions
first.


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

I think if one spouse uses it, the other spouse forfeits it. Some
jurisdictions (not ours, but some) require the debtor and debtor's
spouse to file a declaration which is a spousal waiver form. Attached
is a sample of one.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
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On 1/7/2010 10:39 AM, dbcommons wrote:
> Listmates:
> I am looking at a situation somewhat similar to the domestic partner disucussion that has been carried on here recently. Clients are married same-sex couple (married legally in CA during the interim period). There are assets that need to be protected with the wild card exemption. I will file separately for them (with "married" marked and explained). I would very much like to be able to use the wild card for each filer. 703.140(a)(2) refers specifically to "husband or a wife"--does this allow me to use it twice? In re-reading this section I am asking myself if I've missed something in the past--can spouses (same sex or different sex) filing separately each claim the 703.140(b) exemptions?
>
> Thanks in advance for your insights,
> David Commons
>
>
>
>
>
> ------------------------------------
>
> Yahoo! Groups Links
>
>
>
>
>
name="wavier2.PDF"
filename="wavier2.PDF"

The post was migrated from Yahoo.

Listmates:
I am looking at a situation somewhat similar to the domestic partner disucussion that has been carried on here recently. Clients are married same-sex couple (married legally in CA during the interim period). There are assets that need to be protected with the wild card exemption. I will file separately for them (with "married" marked and explained). I would very much like to be able to use the wild card for each filer. 703.140(a)(2) refers specifically to "husband or a wife"--does this allow me to use it twice? In re-reading this section I am asking myself if I've missed something in the past--can spouses (same sex or different sex) filing separately each claim the 703.140(b) exemptions?
Thanks in advance for your insights,
David Commons

The post was migrated from Yahoo.