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LegalConsumer.com Bankruptcy Research Notes - Beta 0.08 - (1300+ cases & articles, and counting...)

Topics:

Topic #28:

Keywords: means test . income . IRS standards . median income .

Household Size: Deceased Spouse

  • Topic Overview
  • 1 Cases on This Topic
  • ?

Means Test > Household Size

Household Size: Deceased Spouse

1 Cases , IssueID 28

Ch 7 Means Test
Form 22A, Line 14b
Ch 13 Means Test
Form 22C Line 16b

Topic Description:

Lines of Cases:

A:

Must include income from deceased spouse in past six months even if no longer part of household.

B::

No need to include income of deceased spouse

  • Type A = Must include income from deceased spouse in past six months even if no longer part of household.
  • Type B = No need to include income of deceased spouse
  • Type E = "Everything Else"
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Cases for Zip , California Northern District Bankruptcy Court

Ninth Circuit Cases

In re Stansell

Bankr. D. Idaho - 395 B.R. 457; 461-462 - 2008-10-16 - 13 ,

Google ID#: 2555504693352443338
(Type : )

must include income of spouse that died in last six months, even though not part of household at time of filing.

Other Circuits

No non-Ninth Circuit cases in database on this topic

In re Stansell

Bankr. D. Idaho - 395 B.R. 457; 461-462 - 2008-10-16 - 13 ,

Google ID#: 2555504693352443338
(Type : )

must include income of spouse that died in last six months, even though not part of household at time of filing.

All Cases A to Z

  • In re Stansell, 395 B.R. 457; 461-462 , (Bankr. D. Idaho ) 2008-10-16, #2555504693352443338

FAQ/Help:

How to use case law (it can be tricky)

If you're not familiar with what "case law" is, and how to use it, check out Chapter 7 of Nolo's LegalResearch: How to Find and Understand the Law for a guide to how to read through a case to get the parts that matter.

Also, you need to be familiar with the concept of "jurisdiction." Here are some helpful links:

When you read a case, check to make sure that the case's decision applies to your local district. Do this by looking at which court has decided the case -- either the U.S. Supreme Court, a court of appeal (listed here in large type), or a district court (listed in small type).  Your local district court judge is not bound to follow the opinion of judges from other district courts, but often they look to these cases for advice. Your local district, however, is bound  to follow decisions in cases from it governing circuit court. You'll see fairly few Supreme Court case here, but those cases are also binding on all districts."

Are these all the bankruptcy cases there are?

NO! NO! NO! This is a start for your research. New cases are constantly being decided. I update this when I have time. This is only a fraction of the actual published opinions out there. Dozens of cases are handed down nationwide every week. I catalog interesting ones when I have time. They are meant to serve as a starting point for your research -- NOT as a comprehensive listing of the current state of the law.

 

DISCLAIMER. By using this database you acknowledge and agree to the following:

This database does not contain every relevant case in every district on the topics covered; there are high priced services for that. This is free. It is offered to the public "as is" as an adjunct to the Nolo books, How to File Chapter 7 Bankruptcy, and Chapter 13 Bankruptcy: Keep Your Property and Repay Your Debts Over Time (10th Edition, 2010): which I co-author with attorney Stephen Elias.

This database is updated as time permits. Do not assume that it has the latest case in your district. We are still filling holes in the database -- and will always be. Use it as a place to start your reasearch, rather than the final answer to your question.

Some of these issues involve the discretion of the judge which can vary from judge to judge. So, even if you find a case just like yours where a judge went your way, as they say in the car biz, "your mileage may vary..."

If you're not familiar with what "case law" is, and how to use it, check out Chapter 7 of Nolo's LegalResearch: How to Find and Understand the Law for a guide to how to read through a case to get the parts that matter.

For more help, click the "?" tab.

 


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