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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.
Optional Information: State/Country relating to Question: California Already Tried: did it my self
Hi JACustomer,
Which Bankruptcy district's court will you be using?
Which set of exemptions are you planning on using (703 or 704)?
correction to my email address: XXXXX@XXXXXX.XXX
southern district of california. san diego. 704.
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!
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.
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.
Experience: Bankruptcy professor.