Central District Consumer Bankruptcy Attorney's Association

preferences, by definition, are pre-petition payments.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Shannon Doyle
Sent: Friday, June 25, 2010 1:36 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Re: Treatment of non-filing spouse's income
So why is paying the non-filing spouses credit card debt not preferential?
If the community has the income to pay part of its debt, they are required
to pay it out equally among all creditors, unless there is a separate
property exception that applies to the facts.
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
BC

The post was migrated from Yahoo.

No reason to pay it. Read in re Kimmel
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Jun 25, 2010, at 1:18 PM, "David A. Tilem" wrote:
I disagree with Shannon's reasoning but come to the same conclusion. Post-petition income is property of the estate. You cannot use post-petition income to pay a pre-petition debt. Section 549.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
on
hannon Doyle
Sent: Friday, June 25, 2010 11:29 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Re: Treatment of non-filing spouse's income
How is the community able to pay the non-filing spouses credit card debt? This is preferential. You should check the family code regarding community property and debt.
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com

The post was migrated from Yahoo.

charset="windows-1251"
So why is paying the non-filing spouses credit card debt not preferential? If the community has the income to pay part of its debt, they are required to pay it out equally among all creditors, unless there is a separate property exception that applies to the facts.
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com

The post was migrated from Yahoo.

charset="windows-1251"
I disagree with Shannon's reasoning but come to the same conclusion.
Post-petition income is property of the estate. You cannot use
post-petition income to pay a pre-petition debt. Section 549.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Shannon Doyle
Sent: Friday, June 25, 2010 11:29 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Re: Treatment of non-filing spouse's income
How is the community able to pay the non-filing spouses credit card debt?
This is preferential. You should check the family code regarding community
property and debt.
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
BC

The post was migrated from Yahoo.

How is the community able to pay the non-filing spouse's credit card
debt? This is preferential. You should check the family code regarding
community property and debt.
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com

The post was migrated from Yahoo.

The non filing spouses income is included in the Means Test but you also get take deductions from that income to offset it such as the non-filing spouses credit cards, child/spousal support payments, car payments etc. Even expenses that would not be allowed for the filing spouse may be allowed as an offset against the income of the non-filing spouse.
Its called a Marital Adjustment. The number you are trying to get is the Spouses Actual Monthly Contribution.
Shawn
>
> I undertand that a non-spouse's income is to be included in Sch I. Does it
> also get included in the means test calculations.
>
> If so, and the income is exceeds the income threshhold for a Ch7, how is an
> unemployed spouse with separate credit cards able to file a Ch7 to get a
> discharge?
>
> --
> John Boyko
> LAW OFFICES OF JOHN M. BOYKO
> 3521 Lomita Blvd., Suite 100
> Torrance, CA 90505
> 310-750-6789 (Office)
> 310-300-0263 (Fax)
>

The post was migrated from Yahoo.

charset="windows-1251"
Please review the appropriate code section and rephrase your question to
reference that specific part of the code.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
John Boyko
Sent: Tuesday, June 22, 2010 8:45 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Treatment of non-filing spouse's income
I undertand that a non-spouse's income is to be included in Sch I. Does it
also get included in the means test calculations.
If so, and the income is exceeds the income threshhold for a Ch7, how is an
unemployed spouse with separate credit cards able to file a Ch7 to get a
discharge?
John Boyko
LAW OFFICES OF JOHN M. BOYKO
3521 Lomita Blvd., Suite 100
Torrance, CA 90505
310-750-6789 (Office)
310-300-0263 (Fax)
charset="windows-1251"
Message
Please review theappropriate code section and rephrase your question to reference that specific
part of the code.


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

John,
ary for information on thatissue.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tue, June 22, 2010 8:45:03 AM
Subject: [cdcbaa] Treatment of non-filing spouse's income
I undertand that a non-spouse's income is to be included in Sch I. Doesit also get included in the means test calculations.
If so, and the income is exceeds the income threshhold for a Ch7, how is an unemployed spouse with separate credit cards able to file a Ch7 to get a discharge?
John Boyko
LAW OFFICES OF JOHN M. BOYKO
3521 Lomita Blvd., Suite 100
Torrance, CA 90505
310-750-6789 (Office)
310-300-0263 (Fax)
John,

Please review the 5/22 MCLE materials posted to the cdcbaa library for information on that issue. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.comPersonal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: John Boyko <jboyko@gmail.com>To: cdcbaa@yahoogroups.comSent: Tue, June 22, 2010 8:45:03 AMSubject: [cdcbaa] Treatment of non-filing spouse's income
I undertand that a non-spouse's income is to be included in Sch I. Does it also get included in the means test calculations.

If so, and the income is exceeds the income threshhold for a Ch7, how is an unemployed spouse with separate credit cards able to file a Ch7 to get a discharge?

-- John BoykoLAW OFFICES OF JOHN M. BOYKO3521 Lomita Blvd., Suite 100Torrance, CA 90505310-750-6789 (Office)310-300-0263 (Fax)

The post was migrated from Yahoo.

I undertand that a non-spouse's income is to be included in Sch I. Does it
also get included in the means test calculations.
If so, and the income is exceeds the income threshhold for a Ch7, how is an
unemployed spouse with separate credit cards able to file a Ch7 to get a
discharge?
John Boyko
LAW OFFICES OF JOHN M. BOYKO
3521 Lomita Blvd., Suite 100
Torrance, CA 90505
310-750-6789 (Office)
310-300-0263 (Fax)
I undertand that a non-spouse's income is to be included in Sch I.
If so, and the income is exceeds the income threshhold for a Ch7, how is an unemployed spouse with separate credit cards able to file a Ch7 to get a discharge?
-- John BoykoLAW OFFICES OF JOHN M. BOYKO3521 Lomita Blvd., Suite 100Torrance, CA 90505310-750-6789 (Office)310-300-0263 (Fax)

The post was migrated from Yahoo.