David Tilem and others on here would be in a better position to
answer that question, but I believe they can be legally separate but
still live together without it being fraudulent.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web:
http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
On 7/19/2010 11:42 AM, Shannon Doyle wrote:
>
>
> Haha. Yes I agree. It is one of those situations where the filing
> spouse can't afford to move out and the non-filing spouse isn't
> cooperative with sharing his income, so she can't afford a Ch13
> and is ineligible for Ch7. I believe she definitely needs to file
> a legal separation but I am concerned that it may be considered
> fraudulent if she doesn't actually move out.
>
> 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
>
> *From:*
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] *On
> Behalf Of *Mark J. Markus
> *Sent:* Friday, July 16, 2010 6:49 PM
> *To:*
cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Separated but living together in CH7
>
> I thought that all married people, after a time, are separated in
> the physical sense.
>
> All kidding aside (sort of), the facts you state don't sound like
> there's any basis to treat this couple any different than any
> married couple. They could be legally separated and still reside
> together, in which case you'd have a better argument for not
> including the non-filing spouse's income.
>
> That's my two cents on a Friday afternoon.
>
> Enjoyed golfing with you Shannon. I was clearly the weak link in
> our group!
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web:
http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this means athttp://bklaw.com/bankruptcy-blog/2008/09/debt-relief-agencies-definition/)
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>
>
> On 7/16/2010 11:57 AM, Shannon Doyle wrote:
>
> Does anyone know the US Trustee's position on debtors who are
> separated in the physical sense but are still legally married,
> reside in the same household and file joint returns for financial
> purposes only? Under these facts would the Trustee require the
> non-filing spouse's income? I know we can exclude the non-filing
> spouse's income with a declaration of separate households but not
> sure if these debtors can really meet the standard of separate
> households.
>
> 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.