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community property/debtor moves in Ch. 13
>
> Mark,
I am pretty smug about not listing a nondebtor
spouse's income in a 7. If a trustee asks, I ask the
trustee to read the schedule instructions.
Hasn't bit me yet, don't think it will. It would be
hard to do a 707 motion for not listing the income
when the schedules say not to list the income.
dennis
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Thanks, Dennis, but I don't think that's accurate. If there is community property (and that is one of the issues of my hypothetica), then the debtor has a community property interest in their spouse's income (in other words, it is part of their income as well). Right?
A sub-issue is whether or not there is any "penalty" for debtor just willy-nilly deciding to quit her job and move to Florida (regardless of whether she's going to be with her husband) and then just collect unemployment and convert to Ch. 7. I don't see anything wrong with that from a purely legal standpoint, but it just SMELLS wrong and I always wonder what the ramifications may be. And then, if the Trustee found out the reason she quit her job was to reunite with her separated spouse (thereby, reconstituting the community, allegedly) then how does that look vis a vis the creditors who no longer get paid? I would think they'd want hubby's income factored in at that point for 707(b) purposes.
David Tilem must have dealt with this issue before?!
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----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Wednesday, November 24, 2004 10:32 PM
Subject: Re: [cdcbaa] community property/debtor moves in Ch. 13
--- "Mark
Take a look at the instructions for I and J. Only
the debtor's income counts in a 7. It is only a 13
where both incomes count. If a discharge is necessary
(you leave out that from the facts), and there are no
other abuse issues, just convert.
dennis
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Thanks, Dennis, but I don't think that's
accurate. If there is community property (and that is one of the issues of
my hypothetica), then the debtor has a community property interest in theirspouse's income (in other words, it is part of their income as well). Right?
A sub-issue is whether or not there is any"penalty" for debtor just willy-nilly deciding to quit her job and move toFlorida (regardless of whether she's going to be with her husband) and then just
collect unemployment and convert to Ch. 7. I don't see anythingwrong with that from a purely legal standpoint, but it just SMELLS wrong and I
always wonder what the ramifications may be. And then, if the
Trustee found out the reason she quit her job was to reunite with her separated
spouse (thereby, reconstituting the community, allegedly) then how does that
look vis a vis the creditors who no longer get paid? I would think
they'd want hubby's income factored in at that point for 707(b)
purposes.
David Tilem must have dealt with this issue
before?!
***********************************************Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb:
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Take a look at the instructions for I and J. Only
the debtor's income counts in a 7. It is only a 13
where both incomes count. If a discharge is necessary
(you leave out that from the facts), and there are no
other abuse issues, just convert.
dennis
__________________________________
Do you Yahoo!?
Yahoo! Mail - You care about security. So do we.
http://promotions.yahoo.com/new_mail
The post was migrated from Yahoo.
CH. 13 client just raised an interesting potential issue:
Debtor was legally separated from her spouse on date Ch. 13 filed, so we did Plan based solely on debtor's income. We're about a year into the plan payments now.
Debtor is going to get back together and "try to make it work" with her spouse, who is in the military. In June, said spouse is going to be stationed in Florida, so debtor would need to move there with him, which would necessarily entail her losing her present job and income, leaving her with unemployment which would be insufficient to maintain her plan payments (and probably be too little to do a modification).
If debtor converts her case to CH. 7 (or even if she modified her Ch. 13 plan), would she then need to include the spouse's income and expenses? Does getting back together to "work on it" void the legal separation? Is Florida a community property State? Does that even matter?
Any other issues anyone sees?
***********************************************
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)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
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have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
CH. 13 client just raised an interesting potential
issue:
Debtor was legally separated from her spouse on
date Ch. 13 filed, so we did Plan based solely on debtor's income. We're
about a year into the plan payments now.
Debtor is going to get back together and "try to
make it work" with her spouse, who is in the military. In June, said
spouse is going to be stationed in Florida, so debtor would need to move there
with him, which would necessarily entail her losing her present job and income,
leaving her with unemployment which would be insufficient to maintain her plan
payments (and probably be too little to do a modification).
If debtor converts her case to CH. 7 (or even if
she modified her Ch. 13 plan), would she then need to include the spouse'sincome and expenses? Does getting back together to "work on it" void
the legal separation? Is Florida a community property State? Does
that even matter?
Any other issues anyone sees?
***********************************************Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb:
The post was migrated from Yahoo.