[CLBS] Form B2830 Certification Regarding Domestic Support Obligations (Form 2830 - Ch.13)

[Randy French]

I have had several cases in which I filed one Form B2830 or its predecessor
form with both signatures signing the same document, of course both stating
that they had no support obligation and did not exceed exemption
limitations.  (in Idaho, is it possible to exceed a $155,675 homestead
exemption when state law limits that exemption to $100,000?)

 

The Clerk's office has demanded a corrective notice on several occasions,
insisting that each must sign and file a separate Form B2830.  Has anybody
else had an occasion where they filed one form signed by both debtors and
had any pushback from the Clerk?  Is anyone aware of any part of the
Bankruptcy rules or any Code section that requires that Debtors file
separate Ch 13 certifications.  Section 1328(a) requires a certification
that "such debtor certifies that all amounts payable under such DSO that are
due on or before the date of the certification have been paid.  There is
nothing that says to me that each debtor must separately certify that all
DSOs are paid.

 

Anybody else have any experience with this?

 

Randy French

 

 

 

 

Law Office of Randal J. French, P.C.

Attorneys at Law

tP.O. Box 836 tBoise, ID 83701 t(208) 859-6881  

 

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