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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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i am separated from my wife and want to file chapter 7 alone.

Resolved Question:

i am separated from my wife and want to file chapter 7 alone. i was told i need a ccp704 spousal waiver. i need the form.
Submitted: 3 years ago via ExpertLaw.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

Hi JACustomer,

Which Bankruptcy district's court will you be using?

Which set of exemptions are you planning on using (703 or 704)?

Customer: replied 3 years ago.

correction to my email address: XXXXX@XXXXXX.XXX

Customer: replied 3 years ago.

correction to my email address: XXXXX@XXXXXX.XXX

 

southern district of california. san diego. 704.

Expert:  cfortunato replied 3 years ago.

Sorry this took so long - I wanted to make sure I had the correct statute numbers.

There is no spousal waiver form for 704 exemptions. You only have to submit a spousal waiver form if you are going to use 703 exemptions.

This is because the 703 exemptions are only applicable to Bankruptcy cases, and are not available for a non-filing spouse.

In other words, if you are using the 704 exemptions, these are the same ones your wife would have to use - since she is not also filing - so there is no need for a waiver form.

I think this is what you wanted to know. If not, please let me know.

Thank you!

 



Edited by cfortunato on 12/31/2010 at 9:38 PM EST
Customer: replied 3 years ago.
i was told by the trustee that i must file a spousal exemption waiver, signed by my spouse. i filed under 703.140(b)(5).
Customer: replied 3 years ago.

i was told by the trustee that i must file a spousal exemption waiver, signed by my spouse. i filed under 703.140(b)(5).

 

maybe he wanted a 703 waiver from my wife.

Customer: replied 3 years ago.

i was told by the trustee that i must file a spousal exemption waiver, signed by my spouse. i filed under 703.140(b)(5).

 

maybe he wanted a 703 waiver from my wife.

 

i will be away from my computer. can you txt me the answer? and send it to my email.

Expert:  cfortunato replied 3 years ago.

You email address was deleted - as they all are.

Here is the form (you need a 703 form, not a 704 form):

http://www.caeb.uscourts.gov/documents/Forms/EDC/EDC.003-060.pdf.

You have to white-out the "Eastern" and write "Southern" instead.

 



Edited by cfortunato on 12/31/2010 at 9:59 PM EST
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
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