Central District Consumer Bankruptcy Attorney's Association

Desiree,
After the Balas & Morales case, the UST changed it nationwide policy and will no longer object to joint filings by same sex married couples.
Registered domestic partners are not spouses and therefore can't file joint petitions.DP incomes are community property. My research suggests that DPs filing separate petitions might be successful in substantively consolidating their cases under some circumstances.
Peter
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
________________________________
To: cdcbaa@yahoogroups.com
Sent: Friday, October 12, 2012 11:08 AM
Subject: [cdcbaa] Same Sex Couples
What is the state of the art for filing BK for same sex couples that are either married or registered domestic partners?
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
Any tax advice contained in the body of this e-mail (and any attachments thereto) was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions.
Privileged And Confidential Communication.
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My recent research suggests that if the couple was married in California
during the legal window for same sex marriage, a joint petition is ok
because they can say they are married If they are registered domestic
partners, that will not work. Form 22 requires a statement under penalty
of perjury re their filing status.
I have pending cases under ch13 that would save a lot of time and money if
they could file jointly, but I cant find a way to do that for clients. I
would like to hear a solution to this issue. Does anyone have anything to
add?
Best regards
Larry Webb
State Bar of California 229344
Central District California
"A Debt Relief Agency"
Check out my Blog
Larry@webbklaw. com
Law Offices of Larry Webb
484 Mobil Ste 43
Camarillo Ca 93010
P 805.987.1400
F 805.987.2866
C 805.750.2150

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Thanks to Peter Lively, if they were legal married during that window of time that same sex marriages were legal most of our Judges signed on that they could file a joint petition. In re Balas-Morales. However, if they are not legally married you cannot file a joint petition.
Many of the Judges will considered domestic partnership for Means Test purposes as dependents though.
Thank you,
Nancy B. Clark
100 N. Barranca Ave, Suite 250
West Covina, CA 91791
Tele: (626) 332-8600
Fax: (626) 332-8644
www.blclaw.com

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What is the state of the art for filing BK for same sex couples that are
either married or registered domestic partners?
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
Any tax advice contained in the body of this e-mail (and any attachments
thereto) was not intended or written to be used, and cannot be used, by the
recipient for the purpose of avoiding penalties that may be imposed under
the Internal Revenue Code or applicable state or local tax law provisions.
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
protected by the Electronic Communications Privacy Act (18 USC
2510-2521), (b) may contain confidential and/or legally privileged
information, and (c) are for the sole use of the intended recipient named
above. If you have received this electronic message in error, please notify
the sender and delete the electronic message. Any disclosure, copying,
distribution, or use of the contents of the information received in error is
strictly prohibited.
Please consider the environment before printing this e-mail.

The post was migrated from Yahoo.

You are correct on the tax issue.
That's what my clients accountant had him do
Sent from my iPhone
On Jan 5, 2010, at 4:55 PM, higginbothamlaw@aol.com wrote:
It is kind of odd but I believe married same-sex partners file a Joint Return in CA but separately for the Federal Return. The Federal Gov't does NOT recognize married same sex couples in any context. Another interesting issue is in immigration law when one is a US citizen and the married same sex spouse is not a US Citizen. The non-US Citizen has no ability to rely on their bond to gain citizenship.
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@yahoogroups.com
Sent: Tue, Jan 5, 2010 3:59 pm
Subject: [cdcbaa] Same Sex Couples
As an after thought, does anyone know how the IRS deals with this? Does same sex married couples file a Joint Tax Return? All of this is going to come up a lot more through out the country in states where same sex marriage is the law and those married in California.
Henry M. Toles, J.D., M.B.A.
Henry M. Toles, A Law Corporation
11746 Goshen Avenue, No. 1
Los Angeles, California 90049-6113
Telephone: (310) 479-1400
Facsimile: (310) 575-0343
E-Mail: hmt@toles.org
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
We are a federally designated Debt Relief Agency under the United States
Bankruptcy Laws. We assist people with finding solutions to their debt
problems, including, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.
This does not constitute an electronic signature.
This message contains confiidential information which may also be
privileged. Unless you are the intended recipient (or authorized to receive
for the intended recipient) you may not copy, use or distribute the
information contained in this message.
You are correct on the tax issue. That's what my clients accountant had him do Sent from my iPhoneOn Jan 5, 2010, at 4:55 PM, higginbothamlaw@aol.com wrote:

It is kind of odd but I believe married same-sex partners file a Joint Return in CA but separately for the Federal Return. The Federal Gov't does NOT recognize married same sex couples in any context. Another interesting issue is in immigration law when one is a US citizen and the married same sex spouse is not a US Citizen. The non-US Citizen has no ability to rely on their bond to gain citizenship.
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


The post was migrated from Yahoo.

charset="windows-1251"
Precisely
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.
Rick Curry
Sent: Tuesday, January 05, 2010 4:30 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Same Sex Couples
Isn't the real issue the Federal Defense of Marriage Act which for Federal
purposes defines marriage as being a union between a man and a womem.
Rick Curry
David A. Tilem wrote:
No joint returns to IRS
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.
Henry Toles
Sent: Tuesday, January 05, 2010 3:59 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Same Sex Couples
As an after thought, does anyone know how the IRS deals with this? Does
same sex married couples file a Joint Tax Return? All of this is going to
come up a lot more through out the country in states where same sex marriage
is the law and those married in California.
Henry M. Toles, J.D., M.B.A.
Henry M. Toles, A Law Corporation
11746 Goshen Avenue, No. 1
Los Angeles, California 90049-6113
Telephone: (310) 479-1400
Facsimile: (310) 575-0343
E-Mail: hmt@toles.org
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
We are a federally designated Debt Relief Agency under the United States
Bankruptcy Laws. We assist people with finding solutions to their debt
problems, including, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.
This does not constitute an electronic signature.
This message contains confiidential information which may also be
privileged. Unless you are the intended recipient (or authorized to receive
for the intended recipient) you may not copy, use or distribute the
information contained in this message.
charset="windows-1251"
Message
Precisely


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

It is kind of odd but I believe married same-sex partners file a Joint Return in CA but separately for the Federal Return. The Federal Gov't does NOT recognize married same sex couples in any context. Another interesting issue is in immigration law when one is a US citizen and the married same sex spouse is not a US Citizen. The non-US Citizen has no ability to rely on their bond to gain citizenship.
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@yahoogroups.com
Sent: Tue, Jan 5, 2010 3:59 pm
Subject: [cdcbaa] Same Sex Couples
As an after thought, does anyone know how the IRS deals with this? Does same sex married couples file a Joint Tax Return? All of this is going to come up a lot more through out the country in states where same sex marriage is the law and those married in California.
Henry M. Toles, J.D., M.B.A.
Henry M. Toles, A Law Corporation
11746 Goshen Avenue, No. 1
Los Angeles, California 90049-6113
Telephone: (310) 479-1400
Facsimile: (310) 575-0343
E-Mail: hmt@toles.org
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
We are a federally designated Debt Relief Agency under the United States
Bankruptcy Laws. We assist people with finding solutions to their debt
problems, including, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.
This does not constitute an electronic signature.
This message contains confiidential information which may also be
privileged. Unless you are the intended recipient (or authorized to receive
for the intended recipient) you may not copy, use or distribute the
information contained in this message.
It is kind of odd but I believe married same-sex partners file a Joint Return in CA but separately for the Federal Return. The Federal Gov't does NOT recognize married same sex couples in any context. Another interesting issue is in immigration law when one is a US citizen and the married same sex spouse is not a US Citizen. The non-US Citizen has no ability to rely on their bond to gain citizenship.
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@yahoogroups.com
Sent: Tue, Jan 5, 2010 3:59 pm
Subject: [cdcbaa] Same Sex Couples

As an after thought, does anyone know how the IRS deals with this? Does same sex married couples file a Joint Tax Return? All of this is going to come up a lot more through out the country in states where same sex marriage is the law and those married in California.


The post was migrated from Yahoo.

Isn't the real issue the Federal Defense of Marriage Act which for
Federal purposes defines marriage as being a union between a man and a
womem.
Rick Curry
David A. Tilem wrote:
>
>
> No joint returns to IRS
>
>
> 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.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
> Of Henry Toles
> Sent: Tuesday, January 05, 2010 3:59 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Same Sex Couples
>
>
>
> As an after thought, does anyone know how the IRS deals with this?
> Does same sex married couples file a Joint Tax Return? All of this is
> going to come up a lot more through out the country in states where
> same sex marriage is the law and those married in California.
>
> Henry M. Toles, J.D., M.B.A.
> Henry M. Toles, A Law Corporation
> 11746 Goshen Avenue, No. 1
> Los Angeles, California 90049-6113
> Telephone: (310) 479-1400
> Facsimile: (310) 575-0343
> E-Mail: hmt@toles.org
>
> Member National Association of Consumer Bankruptcy Attorneys (NACBA)
>
> We are a federally designated Debt Relief Agency under the United States
> Bankruptcy Laws. We assist people with finding solutions to their debt
> problems, including, where appropriate, assisting them with the filing
> of petitions for relief under the United States Bankruptcy Code.
>
> This does not constitute an electronic signature.
>
> This message contains confiidential information which may also be
> privileged. Unless you are the intended recipient (or authorized to
> receive
> for the intended recipient) you may not copy, use or distribute the
> information contained in this message.
>
>
Isn't the real issue the Federal Defense of Marriage Act which for Federal
purposes defines marriage as being a union between a man and a womem.
Rick Curry
David A. Tilem wrote:




No joint returns
to IRS






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.

Business bankruptcy specialist
cert. by Amer. Bd. of Certification






-----Original Message-----
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
On Behalf Of Henry Toles
Sent: Tuesday, January 05, 2010 3:59 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Same Sex Couples






As an after thought, does anyone
know how the IRS deals with this? Does same sex married couples file a
Joint Tax Return? All of this is going to come up a lot more through out
the country in states where same sex marriage is the law and those married
in California.



Henry M. Toles, J.D., M.B.A.
Henry M. Toles, A Law Corporation
11746 Goshen Avenue, No. 1
Los Angeles, California 90049-6113
Telephone: (310) 479-1400
Facsimile: (310) 575-0343
E-Mail: hmt@toles.org

Member National Association of Consumer Bankruptcy Attorneys (NACBA)

We are a federally designated Debt Relief Agency under the United
States
Bankruptcy Laws. We assist people with finding solutions to their debt
problems, including, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.

This does not constitute an electronic signature.

This message contains confiidential information which may also be
privileged. Unless you are the intended recipient (or authorized to receive
for the intended recipient) you may not copy, use or distribute the
information contained in this message.

The post was migrated from Yahoo.

charset="windows-1251"
No joint returns to IRS
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.
Henry Toles
Sent: Tuesday, January 05, 2010 3:59 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Same Sex Couples
As an after thought, does anyone know how the IRS deals with this? Does
same sex married couples file a Joint Tax Return? All of this is going to
come up a lot more through out the country in states where same sex marriage
is the law and those married in California.
Henry M. Toles, J.D., M.B.A.
Henry M. Toles, A Law Corporation
11746 Goshen Avenue, No. 1
Los Angeles, California 90049-6113
Telephone: (310) 479-1400
Facsimile: (310) 575-0343
E-Mail: hmt@toles.org
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
We are a federally designated Debt Relief Agency under the United States
Bankruptcy Laws. We assist people with finding solutions to their debt
problems, including, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.
This does not constitute an electronic signature.
This message contains confiidential information which may also be
privileged. Unless you are the intended recipient (or authorized to receive
for the intended recipient) you may not copy, use or distribute the
information contained in this message.
charset="windows-1251"
Message
No joint returns to
IRS


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.