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California Chapter 7 form B22A means test, the choices for Married not filing jointly are same household, or separate household.

Ventura, CA |

However- Note: If you choose "married - not filing jointly - separate household" you must be willing to declare, under penalty of perjury: Item (1) "My spouse and I are legally separated under applicable non-bankruptcy law OR item (2) my spouse and I are living apart other than for the purpose of evading the requirements of S 707(b)(2)(A) of the Bankruptcy Code." This is confusing because a couple could legally declare under penalty of perjury item (1), have a judgment of separation and live in different rooms in the same house. I'll see if I can decipher the bankruptcy code. Is this subject to the trustee reading it?

Attorney Answers 3

  1. This is an interesting question. You need a skilled and experience lawyer. Look on the site for a lawyer. Also, go to N.A.C.B.A.'s web site.

  2. You will have to declare under penalty of perjury that you and your spouse are living separately and have your own monthly household expenses. The Trustee will likely object if you are legally separated but still living under the same roof and sharing all the same monthly household expenses. Contact me if you have further questions.

  3. The "OR" means ... if you are legally separated, you can check that box (b).