The Means Test seeks the amount ofcontribution from the non-filing spouse,paid
on a regularbasis,to household expenses (marital adjustment in Part II, to
total gross income of non-filing spouse in Part I), while Schedule I requires
all community property income andSchedule J can include a line itemnon-filing spouses debt service.
Peter M. Lively, JD, MBA
The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
________________________________
To:
cdcbaa@yahoogroups.com
Sent: Wed, March 30, 2011 4:02:29 PM
Subject: RE: [cdcbaa] Non-filing spouse income too much
She does have a lot of debts. I suppose that would be the minimum payments?
Where is that on the means test I wonder?
From:
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] On Behalf Of Law
Offices of Jonathan Leventhal
Sent: Wednesday, March 30, 2011 4:02 PM
To:
cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Non-filing spouse income too much
However, you can offset the non-filing spouses debt payments from that income.
Jonathan Leventhal
Attorney at Law
818-347-5800
On Mar 30, 2011, at 3:55 PM, "John D. Faucher" wrote:
> The nonfiling spouse's income, unless somehow separated from the
>community estate, is community property. The married debtor filing bankruptcy
>brings the community estate into bankruptcy, including the nonfiling spouse's
>income. I don't see how you can avoid reporting all the nonfiling spouse's>income.
>
>John D. Faucher
>Hurlbett & Faucher
>5743 Corsa Ave., Suite 208
>Westlake Village, CA 91362
>(818) 889-8080
>Fax: (805) 367-4154
>
http://www.hurlbettfaucher.com/
>
>3324 State Street, Suite O
>Santa Barbara, CA 93105
>(805) 963-9111
>
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>
>On 3/30/11 3:43 PM, "Steven B. Lever" wrote:
>
>
>>I have a case where the non-filing spouses income has the Debtor fail the means
>>test. Because California is a community property state Ive always counted all
>>the non-filing spouses income.
>>
>>However, this case makes me want to count only the non-filing spouses
>>contribution to the household, which may be less. Ive never taken this
>>approach and am not sure if that is allowable. At NACBA conferences they talk
>>about doing that, but I assume thats because they are including other than
>>community property states.
>>
>>Can you straighten me out on whether we can do that here in California?>>admittedly a gap in my understanding.
>>
>>Law Offices of Steven B. Lever
>>>
>>> Steven B. Lever
The Means Test seeks the amount of contribution from the non-filing spouse, paid on a regular basis, to household expenses (marital adjustment in Part II, to total gross income of non-filing spouse in Part I), while Schedule I requires all community property income and Schedule J can include a line item for non-filing spouses debt service.
Peter M. Lively, JD, MBA
The Personal Financial Law Center * Culver City & Costa Mesa * 800-307-DEBT
From: Steven B. Lever <
sblever@leverlaw.com>To:
cdcbaa@yahoogroups.comSent: Wed, March 30, 2011 4:02:29 PMSubject: RE: [cdcbaa] Non-filing spouse income too much
She does have a lot of debts. I suppose that would be the minimum payments? Where is that on the means test I wonder?
From:
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] On Behalf Of Law Offices of Jonathan LeventhalSent: Wednesday, March 30, 2011 4:02 PMTo:
cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] Non-filing spouse income too much
However, you can offset the non-filing spouses debt payments from that income.Jonathan Leventhal
Attorney at Law
818-347-5800
On Mar 30, 2011, at 3:55 PM, "John D. Faucher" <
j.d.faucher@sbcglobal.net> wrote:
The nonfiling spouse's income, unless somehow separated from the community estate, is community property. The married debtor filing bankruptcy brings the community estate into bankruptcy, including the nonfiling spouse's income. I don't see how you can avoid reporting all the nonfiling spouse's income.
The post was migrated from Yahoo.