Central District Consumer Bankruptcy Attorney's Association

I do not think anything in section 727 would apply, so I really do
not see any other consequence besides ending up with the 704
exemptions if there was an objection to the married sole filing debtor
claiming the 703 exemptions.
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
On Tue 23/11/10 2:13 PM , Holly Roark hollyroark22@gmail.com sent:
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 [1] 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
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On Mon 22/11/10 9:46 PM , Holly Roark hollyroark22@gmail.com [3]
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 [4]
www.roarklawoffices.com [5]
Central District of California
Consumer Bankruptcy Attorney
--
Holly Roark
holly@roarklawoffices.com [6]
www.roarklawoffices.com [7]
Central District of California
Consumer Bankruptcy Attorney
Links:
[1] mailto:holly@roarklawoffices.com
[2] mailto:mjessee@jesseelaw.com
[3] mailto:hollyroark22@gmail.com
[4] mailto:holly@roarklawoffices.com
[5] http://www.roarklawoffices.com/
[6] mailto:holly@roarklawoffices.com
[7] http://www.roarklawoffices.com
[8]

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