Exempting debtor's interest in CP when nonfiling spouse
Posted: Tue Nov 23, 2010 2:13 pm
I hear ya'. I have never received an objection either, but this divorce is
particularly contentious so I am expecting fights on every single front,
LOL. What's the worst that can happen if I use 703 without the waiver? She
objects and then by default we end up with 704? Do you know whether there
are any other consequences?
Holly Roark
holly@roarklawoffices.com
On Tue, Nov 23, 2010 at 11:19 AM, Mark T.Jessee wrote:
>
>
> 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
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
> OF
> THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
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> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
> *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
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
>
>
>
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
I hear ya'. I have never received an objection either, but this divorce is particularly contentious so I am expecting fights on every single front, LOL. What's the worst that can happen if I use 703 without the waiver? She objects and then by default we end up with 704? Do you know whether there are any other consequences?
Holly Roark
holly@roarklawoffices.com
On Tue, Nov 23, 2010 at 11:19 AM, Mark T.Jessee <mjessee@jesseelaw.com> wrote:
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 exemptionsin 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 NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. 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 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? 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 Roarkholly@roarklawoffices.comwww.roarklawoffices.comCentral District of California
Consumer Bankruptcy Attorney
-- Holly Roarkholly@roarklawoffices.comwww.roarklawoffices.com
Central District of CaliforniaConsumer Bankruptcy Attorney
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