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Posted: Wed Dec 28, 2011 12:38 am
Debtor who is separated from spouse and in the process of a divorce files Chapter 7. Debtor claims to be single, fails to list spouse anywhere on schedules and statements or to provide notice of bk to spouse. Debtor Claims C.C.P. 703.140(b) exemptions despite C.C.P. 703.140(a)(2)'s requirement for written waiver by spouse of the right to claim the exemptions under C.C.P. 704 et seq.
In using 703.140(b) exemptions debtor basically protected debtor's toys at the expense of the home which spouse has exclusive right to use. If spouse does not learn about bk until after expiration of 30 days from conclusion of meeting of creditors, may spouse successfully object to debtor asserting 703.140(b) exemptions based upon the debtor's failure to obtain the objecting spouse's consent pursuant to 703.140(a)(2)?
Mark Jessee
The post was migrated from Yahoo.