In re Geisenheimer

MEMORANDUM

What constitutes an effective waiver un: der section 703.140(a)(2) of the California Code of Civil Procedure? An effective waiver must be a written expression of both the filing and non-filing spouses’ intent to forego the right to claim the exemptions in section 704.010 et seq. of the California Code of Civil Procedure, and both spouses must evidence an intent to be bound by signing the written waiver or by providing other unequivocal, written expression of assent.

Facts

Steve Noel Geisenheimer (“Steve”) is married to Doris Dulang Geisenheimer (“Doris”). Acting without an attorney, Steve — but not Doris — filed a chapter 7 bankruptcy petition. His assets include a residence valued at $100,000 that is unencumbered by liens. Steve claimed the residence exempt under section 704.730(a) of the California Code of Civil Procedure in the amount of $100,000. See Cal. Civ. Proc. Code § 704.730 (a)(2). He re-asserted his claim under section 704.730 in each of two amendments to his claims of exemption.

On the same date that Steve filed his petition, apparently because of his unfamiliarity with his rights under the Bank- . ruptcy Code, Steve also filed a document entitled…