A fellow bankruptcy attorney recently posed an interesting pair of related questions:
How (if at all) does a valid prenuptial agreement affect the requirements to list a non-filing spouse’s income in CMI per 707(b)(7)(B)? Does it make ALL of the spouse’s income includable in the “marital adjustment”?
Here is my response.
I. The Bankruptcy Code’s Definition Of CMI
It seems to me that the starting point for the analysis must be § 101(10A), which provides (with emphasis added):
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