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Saturdays Ch13 panel
Nancy,
I would like to pose a question with multiple parts to the panel in advance.
Unmarried registered domestic partners filing a chapter 13. The have
separate and joint debts, joint mortgage and motion to value for lien
stripping. Two incomes and a child together.
1. Exemptions, under California law they divide the exemptions. Does
Federal Law (DOMA) trump California Fam Code s297.5 that says Registered
Domestic partners are bound by CCP s703.110 and must divide the exemptions.
What is the UST and the Ch13 trustee expecting to see?
2. I they file at the same time, should they move to consolidate
administration on the grounds of common property and debts? Or should they
proceed with two cases, two plans etc.
3. Motion to value; one motion or two motions (one in each case)?
I couple of us have this scenario right now, and given the Supreme court
matters this week it seems timely.
Thanks and Best Regards
Larry Webb
Law Office of Larry Webb
484 Mobil Ste 43
Camarillo, Ca 93010
805-987-1400
Email Webblaw@Earthlink.net
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