.jpg)
Joint Ch 7. What happens if one spouse is a no show at=20
charset="windows-1251"
Trustee procedures make this likely, but a motion to reopen the case for one
spouse should be successful. The code makes it absolutely clear that each
spouse is in a separate case and that the cases are administratively
consolidated, not substantively consolidated until and unless the Court
rules otherwise.
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.
shawnswhite
Sent: Tuesday, July 27, 2010 8:11 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: Joint Ch 7. What happens if one spouse is a no show at
the 341?
According to Trustee Sandra McBeth, in Santa Barbara, the case will be
dismissed entirely if the missing spouse doesn't show at the continued 341.
The Trustee said the cases can't be separated.
If the Trustee is wrong I would love to hear suggestions.
Shawn
Tilem" wrote:
>
> Only wife's case should be dismissed. Husband should be allowed to proceed
> to discharge.
>
>
> 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.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
[mailto:cdcbaa@yahoogroups.com ] On Behalf
Of
> shawnswhite
> Sent: Friday, July 09, 2010 2:00 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Joint Ch 7. What happens if one spouse is a no show at
the
> 341?
>
>
>
>
> debtor is in a messy divorce. They filed BK jointly but then wife leaves
the
> state. We don't know she is going to appear at the hearing. She has been
> unreachable.
>
> Will the case get dismissed?
>
> Shawn
>
charset="windows-1251"
Message
Trustee procedures make
this likely, but a motion to reopen the case for one spouse should be
successful. The code makes it absolutely clear that each spouse is in a
separate case and that the cases are administratively consolidated, not
substantively consolidated until and unless the Court rules
otherwise.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.