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Married same-sex couples
Hank,
Shorthand for me is Demcg, or dumb s$&@, whichever you prefer
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Jan 20, 2010, at 1:00 PM, "Henry Toles" wrote:
Your point is well taken. I list the premarriage property and also explain that it is s/p (but I am a nut). I dont think I would list the pre-marriage debt if its not joint. Dennis Mc. Might say something different, but marriage is one thing and Domestic whatever is another and I dons single.
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With all due respect, I think this is unchartered territory. My sense is
that it should be filed as married with notes as to the situation and the
spouse needs to be listed on schedule I (with their income), the family is 2
and the means test should be married filing separately with both incomes and
filed as two, unless they have children or have adopted. Certainly I would
file it for just the debtor as if it were being filed for only one spouse.
It think that would be more complete, but again, I think this is unchartered
land. I would be interested in the take on this from the OUST.
Hank
_____
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Frankly, it does not matter so long as all facts are disclosed.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
vicki temkin
Sent: Tuesday, January 05, 2010 3:06 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Married same-sex couples
You and Keith have opposit opinions. Does anyone know of any case law on
point?
Vicki L. Temkin
Law Office of Vicki L. Temkin
15030 Ventura Blvd., Ste. 19-780
Sherman Oaks, Ca 91403
Ph: (818) 501-4658 / Fx: (818) 501-0903
The post was migrated from Yahoo.
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Marriage not recognized by feds, regardless of date. Must show as single.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
vicki temkin
Sent: Tuesday, January 05, 2010 12:58 PM
To: cdcbaa
Subject: [cdcbaa] Married same-sex couples
If potential client got married in Ca. when legal, is he considered married,
unmarried, or a domestic partner, when filing bk? Not sure which box to
check.
Vicki L. Temkin
Law Office of Vicki L. Temkin
15030 Ventura Blvd., Ste. 19-780
Sherman Oaks, Ca 91403
Ph: (818) 501-4658 / Fx: (818) 501-0903
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Message
Marriage not recognized by
feds, regardless of date. Must show as single.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
He is considered "married" -- but remember, 2 same sex married people still cannot file a bk together. I would also suggest that you put an asterisks by married and put in a note that explains to the trustee that they are a same sex couple married in California on a specific date and therefore considered married by the State of California.
KEITH ALAN HIGGINBOTHAM
Pedro Mayser, Office Manager
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
HigginbothamLaw@aol.com
To: cdcbaa
Sent: Tue, Jan 5, 2010 12:58 pm
Subject: [cdcbaa] Married same-sex couples
If potential client got married in Ca. when legal, is he considered married, unmarried, or a domestic partner, when filing bk? Not sure which box to check.
Vicki L. Temkin
Law Office of Vicki L. Temkin
15030 Ventura Blvd., Ste. 19-780
Sherman Oaks, Ca 91403
Ph: (818) 501-4658 / Fx: (818) 501-0903
He is considered "married" -- but remember, 2 same sex married people still cannot file a bk together. I would also suggest that you put an asterisks by married and put in a note that explains to the trustee that they are a same sex couple married in California on a specific date and therefore considered married by the State of California.
KEITH ALAN HIGGINBOTHAM
Pedro Mayser, Office Manager
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
HigginbothamLaw@aol.com
To: cdcbaa <cdcbaa@yahoogroups.com>
Sent: Tue, Jan 5, 2010 12:58 pm
Subject: [cdcbaa] Married same-sex couples
If potential client got married in Ca. when legal, is he considered married, unmarried, or a domestic partner, when filing bk? Not sure which box to check.
Vicki L. Temkin
Law Office of Vicki L. Temkin
15030 Ventura Blvd., Ste. 19-780
Sherman Oaks, Ca 91403
Ph: (818) 501-4658 / Fx: (818) 501-0903
#AOLMsgPart_2_3afe13b1-a7cc-4b2e-85b3-8db9a8452775 t
The post was migrated from Yahoo.
If potential client got married in Ca. when legal, is he considered married, unmarried, or a domestic partner, when filing bk? Not sure which box to check.
Vicki L. Temkin Law Office of Vicki L. Temkin 15030 Ventura Blvd., Ste. 19-780 Sherman Oaks, Ca 91403 Ph:(818) 501-4658 /Fx:(818) 501-0903
If potential client got married in Ca. when legal, is he considered married, unmarried, or a domestic partner, when filing bk? Not sure which box to check.Vicki L. Temkin Law Office of Vicki L. Temkin 15030 Ventura Blvd., Ste. 19-780 Sherman Oaks, Ca 91403 Ph: (818) 501-4658 / Fx: (818) 501-0903
The post was migrated from Yahoo.