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non-debtor spouse maintains separate
Ray:
H's income may NOT be community property because they are estranged.
Legal separation is not required.
As for the underlying question, Section 521 is very general. Rule 1007
defers to the Official Forms. Thus you need to review the specific
language of Schedule I to determine whether to include estranged spouse
income, and the specific language of Schedule J to determine whether to
include estranged spouse costs of living.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
Tel: 818-507-6000 Fax: 818-507-6800
* Personal & small business bankruptcy specialist cert. by State Bar of
CA Bd of Legal Specialization.
Sent: Wednesday, March 31, 2004 9:41 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: non-debtor spouse maintains separate
household/scheduling
Speaking from past experience in prior cases with similar facts, you
only need to include her income on Schedule I and her own expenses
on Schedule J IF WIFE IS FILING BY HERSELF. That's how I've always
done it and have never had a problem. Although H's income may still
be community income as they are not legally separated or divorced,
H's income is not part of W's household income if the spouses keep
their income separate since they are living apart. In short, as long
as wife is filing by herself, only her income and her own expenses
will be taken into consideration for purposes of determining Chapter
7 eligibility. That's been my experience. If anyone,s had a
different experience, I would be glad to hear about it. Thanks.
Ray Bulaon
> Revisiting this issue to see what others do:
>
> H&W are living apart, but they are NOT legally separated or
divorced. This takes place in California, a C/P State.
>
> W wants to file bankruptcy.
>
> Does W have to include H's income and expenses and, if so, if a
surplus is caused by H's income, would that be grounds for a 707(b)
motion?
>
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