Re-opening a BK?

[cptne33]

[AngelinaCatHub]

File on your own. I don't know CA exemptions on cash, but I cannot see the Trustee taking your money if only she filed. Bk can be reopened but by Court Motion only. Get with her attorney (even if he/she is terrible) as that lawyer will have your records. More will come I am sure when your post ages a bit. Keep checking back. 'Hub

[cptne33]

Sorry if I wasn't clear but my wife and I have both filed separately. She filed in Oct 08 to get rid of a house she was WAY upside down on. At that time I had no intention of filing. I then lost my business and my wife lost her job so I was forced to declare because of my business expenses (that were actually personaly because I personally secured the loans).

Thats why its a problem, the trustee is saying the exemptions my wife used are not compatible with the ones I used since I did not sign a waiver for her case.

[HMT]

Just confused a bit. She wasn't your wife when she filed in 08 so ho could she have reasonably filed a spousal waiver?

Heather

[cptne33]

Just confused a bit. She wasn't your wife when she filed in 08 so ho could she have reasonably filed a spousal waiver?

Heather

We had been married since June when she filed in Oct 08. In my original post I meant my wife of 2 months when she filed...

[AngelinaCatHub]

I'm still not getting this. So you both filed. Did you get discharged? Were you married when you got discharged? Now you are married and what does your pre marriage savings have to do with her bk? I wish "justbroke" was around, he has a talent for research that is way above me. Or, JBScot.

With more info, I don't think they can take your stuff if she is filing separate, and you brought your wealth into a marriage that you got before being married. Best I can do. 'Hub

Edit: CA is a weird state with different laws.