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Exempting debtor's interest in CP when nonfiling spouse has the stuff...?
Always worry about the kids more than the combatants. If debtors want to screw their kids, I kick them out. That kind of karma is not worth any fee.
Sent from my iPhone
On Nov 23, 2010, at 2:36 PM, "jonhayes6666" wrote:
I think I was married to this hostile spouse.
>
> I am using 704 exemptions since hostile spouse won't speak to us in order to
> get spousal waiver for 703. Nonfiling hostile spouse has all the stuff (and
> the child). On schedule B, do I only list 1/2 the FMV of the stuff and
> exempt it, but then explain in notes that the full value is X? Or do I list
> the full FMV (an not just debtor's CP interest), and exempt all of it? We
> don't care if trustee goes after nonfiling spouse's share of the high end
> furniture, however, child is using the stuff so maybe we don't want to be
> total jerks here. Suggestions?
>
> --
> Holly Roark
> holly@...
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
>
Always worry about the kids more than the combatants. If debtors want to screw their kids, I kick them out. That kind of karma is not worth any fee.Sent from my iPhoneOn Nov 23, 2010, at 2:36 PM, "jonhayes6666" <Jhayes@polarisnet.net> wrote:
I think I was married to this hostile spouse.
@yahoogroups.com">cdcbaa@yahoogroups.com, Holly Roark <hollyroark22@...> wrote:
>
> I am using 704 exemptions since hostile spouse won't speak to us in order to
> get spousal waiver for 703. Nonfiling hostile spouse has all the stuff (and
> the child). On schedule B, do I only list 1/2 the FMV of the stuff and
> exempt it, but then explain in notes that the full value is X? Or do I list
> the full FMV (an not just debtor's CP interest), and exempt all of it? We
> don't care if trustee goes after nonfiling spouse's share of the high end
> furniture, however, child is using the stuff so maybe we don't want to be
> total jerks here. Suggestions?
>
> --
> Holly Roark
> holly@...
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
>
The post was migrated from Yahoo.
I think I was married to this hostile spouse.
>
> I am using 704 exemptions since hostile spouse won't speak to us in order to
> get spousal waiver for 703. Nonfiling hostile spouse has all the stuff (and
> the child). On schedule B, do I only list 1/2 the FMV of the stuff and
> exempt it, but then explain in notes that the full value is X? Or do I list
> the full FMV (an not just debtor's CP interest), and exempt all of it? We
> don't care if trustee goes after nonfiling spouse's share of the high end
> furniture, however, child is using the stuff so maybe we don't want to be
> total jerks here. Suggestions?
>
> --
> Holly Roark
> holly@...
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
>
The post was migrated from Yahoo.
While your position to use the Section 704 exemptions is technically
correct, from a practical standpoint, I have never seen an objection
to a married debtor filing separately using the 703 exemptions in the
Central Disctrict regardless of whether an actual waiver was obtained.
While some other districts have a local waiver form, the Central
Disctrict does not.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
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On Mon 22/11/10 9:46 PM , Holly Roark hollyroark22@gmail.com sent:
I am using 704 exemptions since hostile spouse won't speak to us in
order to get spousal waiver for 703. Nonfiling hostile spouse has all
the stuff (and the child). On schedule B, do I only list 1/2 the FMV
of the stuff and exempt it, but then explain in notes that the full
value is X? Or do I list the full FMV (an not just debtor's CP
interest), and exempt all of it? We don't care if trustee goes after
nonfiling spouse's share of the high end furniture, however, child is
using the stuff so maybe we don't want to be total jerks here.
Suggestions?
--
Holly Roark
holly@roarklawoffices.com [1]
www.roarklawoffices.com [2]
Central District of California
Consumer Bankruptcy Attorney
Links:
[1] mailto:holly@roarklawoffices.com
[2] http://www.roarklawoffices.com
[3]
The post was migrated from Yahoo.
I am using 704 exemptions since hostile spouse won't speak to us in order to
get spousal waiver for 703. Nonfiling hostile spouse has all the stuff (and
the child). On schedule B, do I only list 1/2 the FMV of the stuff and
exempt it, but then explain in notes that the full value is X? Or do I list
the full FMV (an not just debtor's CP interest), and exempt all of it? We
don't care if trustee goes after nonfiling spouse's share of the high end
furniture, however, child is using the stuff so maybe we don't want to be
total jerks here. Suggestions?
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
I am using 704 exemptions since hostile spouse won't speak to us in order to get spousal waiverfor 703. Nonfiling hostile spouse has all the stuff (and the child). On schedule B, do I only list 1/2 the FMV of the stuff and exempt it, but then explain in notes that the full value is X?xempt all of it? We don't care if trustee goes after nonfiling spouse's share of the high end furniture, however, child is using the stuff so maybe we don't want to be total jerks here. Suggestions?
The post was migrated from Yahoo.