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Domestic partner C/P issue

Posted: Fri Jun 04, 2010 6:16 pm
by Yahoo Bot

Ok, my Brother David and I will continue to disagree. These kinds of disagreements are good for long term friendships. Please note, the exception included in 524(e) is the community property discharge in 524(a)(3).David's reply is why my answer is onlya little more than speculation.the issue, say,sometime around 2025.
dennis

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Domestic partner C/P issue

Posted: Fri Jun 04, 2010 2:48 pm
by Yahoo Bot

charset="windows-1251"
I must disagree, most respectfully with my Brother Dennis on this one. See
domestic partner is little more than an "other".
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.
Dennis McGoldrick
Sent: Friday, June 04, 2010 12:55 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Domestic partner C/P issue
The no answer is not settled. Logic would require a different result, but
logic may not apply. Community property is a state law concept. Section
541 takes all community property into the estate. Don't believe the defense
of marriage act would overrule this proposition. The community property is
still community property.
Section 524 discharges community property. Don't believe the defense of
marriage act overrules this either, though I have not read the entire act. So, I would take the position In re Kimmel applies to a domestic partner, or
a gay marriage.
Oddly, if you look at the statutes below, they do not discuss property, only
the marriage status. More oddly, the second statute only applies to
governments other than the federal government.
TITLE 1 > CHAPTER
1 > 7
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| Next

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Domestic partner C/P issue

Posted: Fri Jun 04, 2010 12:55 pm
by Yahoo Bot

The no answer is not settled. Logic would require a different result, but logic may not apply. Community property is a state law concept.t believe thedefenseof marriage act would overrule this proposition. The community property is still community property.
Section 524 discharges community property. Don't believe the defense of marriage act overrules this either, though I have not read the entire act.
So, I would take the position In re Kimmel applies to a domestic partner, or a gay marriage.
Oddly, if you look at the statutes below, they do not discuss property, only the marriage status. More oddly, the second statute only applies to governments other than the federal government.
TITLE 1 > CHAPTER 1 > 7
Prev | Next
In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word marriage means only a legal union between one man and one woman as husband and wife, and the word husband or a wife.
TITLE 28 > PART V > CHAPTER 115 > 1738C
Prev | Next
ereof
No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.
dennis

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Domestic partner C/P issue

Posted: Thu Jun 03, 2010 5:12 pm
by Yahoo Bot

charset="windows-1251"
correct
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.
Mark J. Markus
Sent: Thursday, June 03, 2010 4:01 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Domestic partner C/P issue
Why wouldn't 524 discharge protect the non-filing partner? Because under
federal law it's not a community debt, but under state law it is?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw. com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
http://bklaw.

The post was migrated from Yahoo.

Domestic partner C/P issue

Posted: Thu Jun 03, 2010 4:01 pm
by Yahoo Bot

Why wouldn't 524 discharge protect the non-filing partner? Because
under federal law it's not a community debt, but under state law it is?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
On 6/3/2010 2:19 PM, David A. Tilem wrote:
>
>
> Yes
> No
> *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 *Mark J. Markus
> *Sent:* Thursday, June 03, 2010 11:48 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Domestic partner C/P issue
>
>
> California registered domestic partners. One partner has a lot of
> credit card debt in his name. Can his creditors go after the other
> partner's (presumably community?) assets to satisfy the debts, just
> like a married couple? Would the 524 discharge provision in bankruptcy
> protect the other partner if the debtor partner filed a Chapter 7 and
> got a discharge?
>
> --
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this
> means at
> http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law
> office of Mark J. Markus that may be privileged. The information is
> intended for the use of the addressee only. If you are not the
> addressee, note that any disclosure, copy, distribution or use of the
> contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. tax advice contained
> in this communication (or in any attachment) is not intended or
> written to be used, and cannot be used, for the purpose of (i)
> avoiding penalties under the Internal Revenue Code or (ii) promoting,
> marketing or recommending to another party any transaction or matter
> addressed in this communication.
>
>
>
>

The post was migrated from Yahoo.

Domestic partner C/P issue

Posted: Thu Jun 03, 2010 2:19 pm
by Yahoo Bot

Yes
No
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.
Mark J. Markus
Sent: Thursday, June 03, 2010 11:48 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Domestic partner C/P issue
California registered domestic partners. One partner has a lot of credit
card debt in his name. Can his creditors go after the other
partner's (presumably community?) assets to satisfy the debts, just like a
married couple? Would the 524 discharge provision in bankruptcy
protect the other partner if the debtor partner filed a Chapter 7 and got a
discharge?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at

The post was migrated from Yahoo.

Domestic partner C/P issue

Posted: Thu Jun 03, 2010 11:47 am
by Yahoo Bot

California registered domestic partners. One partner has a lot of credit card debt in his name. Can his creditors go after the other
partner's (presumably community?) assets to satisfy the debts, just like a married couple? Would the 524 discharge provision in bankruptcy
protect the other partner if the debtor partner filed a Chapter 7 and got a discharge?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

The post was migrated from Yahoo.