Trustee Blog

Spousal Waiver part two: Trustee Larry Simons

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Chapter 7 Riverside Trustee Larry Simons

More on the Spousal Waiver

As mentioned last time,  Chapter 7 Trustee Mr. Simons uses the “spousal waiver” that is common in the Southern District of California. This form is filed in the case and a copy of the form is sent to the Chapter 7 Trustee Larry Simons. This “spousal waiver” concerns one spouse using the CCP 703 exemptions. See the following from the Statute:

California Code of Civil Procedure § 703.140(a)(2) provides:

IF A PETITION IS FILED INDIVIDUALLY, AND NOT JOINTLY, FOR A HUSBAND OR A WIFE, THE EXEMPTIONS PROVIDED BY THIS CHAPTER OTHER THAN THE PROVISIONS OF SUBDIVISION (b) ARE APPLICABLE, EXCEPT THAT, IF BOTH HUSBAND AND WIFE EFFECTIVELY WAIVE IN WRITING THE RIGHT TO CLAIM, DURING THE PERIOD THE CASE COMMENCED BY FILING THE PETITION IS PENDING, THE EXEMPTIONS PROVIDED BY THE APPLICABLE EXEMPTION PROVISIONS OF THIS CHAPTER, OTHER THAN SUBDIVISION (b), IN ANY CASE COMMENCED BY FILING A PETITION FOR EITHER OF THEM UNDER TITLE 11 OF THE UNITED STATES CODE, THEN THEY MAY ELECT INSTEAD TO USE THE APPLICABLE EXEMPTIONS SET FORTH IN SUBDIVISION (b).

 

The waiver is used if a petition is filed individually for a husband or wife. Mr. Simons will ask the debtor is he or she was married at the time of the filing. If the debtor says yes and has used the 703 exemptions, then he will ask the non-filing spouse to sign the waiver.

For a copy of the spousal waiver, go to my website and download the free pdf under attorney resources at www.riversidebankruptcyappearances.com .

 

Practice Pointer:

If your married client has decided to file bankruptcy individually for whatever reason, ask the non-filing spouse to sign the “spousal waiver” prior to the hearing. This will allow the hearing to be conducted and Mr. Simons will not have to continue the matter.

 

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