Legal Question in Bankruptcy in California

I have a client whose wife filed bankrupcty last year in 2010. The case has been discharged. I asked the client if he ever signed a Spousal Waiver regarding the 703 exemptions. He said he never signed anything, he only provided his income information. I know about the CA rule:

5) [5:763] Waiver of exemption by nondebtor spouse: Where only one married spouse files an individual bankruptcy case and desires to claim the slate of exemptions available only to a debtor in bankruptcy, the nonfiling spouse must waive (in writing) the right to claim the ordinary state exemptions in any bankruptcy commenced by the nonfiling spouse. [Calif. CCP � 703.140(a)(2)]

The waiver is effective and enforceable against the nonfiling spouse for the duration of the filing spouse's bankruptcy case. [Calif. CCP � 703.140(a)(2)]

Rutter Group, California Bankruptcy Practice Guide

My question is what is the "duration of the filing spouse's bankruptcy case"? Is that when the case is discharged?

Any insight and or knowledge about the ruling is appreciated.

Thank you.


Asked on 1/13/11, 9:56 am

1 Answer from Attorneys
Asaph Abrams Law Office of Asaph Abrams

The duration of the case is over when it's officially "closed;" there are rare cases where a discharge is issued, but the case is left open for various reasons. Feel free to call for clarification.

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Answered on 1/18/11, 10:32 am


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