Legal Opinion
In re Gomez
United States Bankruptcy Court, E.D. California
Decided May 5, 2015No. Case No. 14-12107-A-7PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM
Fredrick E. Clement, United States Bankruptcy Judge
When, if ever, may a debtor withdraw a spousal waiver under section 703.140(a)(2) of the California Code of Civil Procedure? •The answer is that a spousal waiver binds the debtor and the debtor’s non-filing spouse absent relief under Civil Rule 60(b) on a showing of mistake, inadvertence, surprise, or excusable neglect.
Facts
Amado L. Gomez (“Amado”) is married to Maria A. Lara (“Maria”). Represented by counsel, Amado — but not Maria — filed a chapter 7 bankruptcy petition. His assets included a residence valued at approximately…
2Cases cited27 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Law v. SiegelSupreme Court of the United States · 2014
- Owen v. OwenSupreme Court of the United States · 1991
- In Re: Michael W. Sheehan Wilhelmina Sheehan, Debtors. Yoji Oyama v. Michael W. Sheehan Wilhelmina SheehanCourt of Appeals for the Ninth Circuit · 2001
- Community Dental Services, Dba Smilecare Dental Group v. Stuart Tani, DdsCourt of Appeals for the Ninth Circuit · 2002
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3Cited by1 opinion
- In re PasheneeUnited States Bankruptcy Court, E.D. California · 2015