Central District Consumer Bankruptcy Attorney's Association

Not on the facts you describe. Because she is living with parents, her
expenses will be small. Remember it is regular contributions to the
household expenses that count, not the assets or income of the contributor.
Eg. If she isn't making it on her own, but rents an apartment and parents
give $1k a month, then the $1k is part of CMI. In your fact situation, it
could be an allowance, but in-kind contributions (no rent, food from fridge)
are not CMI. See 101(10A)(B).
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

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Jeff:
I probably gave you the cite to DOMA (defense of marriage act). I think you
are right, but I wanted to double check that there is no place to indicated:
domestic partner on the form. That having been said........
property rights are determined by STATE LAW, not FEDERAL LAW. California
law holds that property held by domestic partners is COMMUNITY PROPERTY.
Property of the estate includes 100% of the community, not just 50%. So
even though fed law does not recognize domestic partnerships, their jointly
owned property MAY all be property of the estate. Similarly, I think that
the non-filing domestic partner also gets the benefit of the community
property discharge for the same reason.
I would appreciate your thoughts on these subjects and I wonder if there is
a CLE program hiding here?
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.

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So are you saying that if my client lives with her well-to-do parents
because she couldn't make it "out there" to save money her parent's income
comes in? that will really screw quite a few cases and doesn't seem right
to me.

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Not a domestic partner situation but the last paragraph raised a question for me.
If a 23 yr old daughter lives at home and makes only the parents car payment, is that considered contributing to the household expenses for CMI purposes?
Vicki
Vicki L. Temkin Law Office of Vicki L. Temkin 15030 Ventura Blvd., Ste. 19-780 Sherman Oaks, Ca 91403
Subject: [cdcbaa] Re:Domestic Partners
To: cdcbaa@yahoogroups.com
Date: Friday, February 20, 2009, 10:09 AM
David:
I dont think so. I have had quite a few cases here
in Long Beach
involving domestic partnerships as we have a significant gay and lesbian
community here.
Federal Law SPECIFICALLY limits the definition of spouse
to a marriage between a man and a woman. Someone gave me a cite to that on this
list serve about a year ago to that code section. Thus I cannot see how the
federal forms for the petition could even ask about domestic
partnerships as to my knowledge; they are non-existent in federal courts.
Having said that, beware that in the means test CMI
calculation, the income from ANYONE who contributes to the household expenses
on a regular basis must be included, domestic partner, roommate, uncle etc. it
doesnt matter.
-Jeffrey B. Smith
CURD, GALINDO & SMITH, L.L.P.
301 East Ocean Blvd.
#1700
Long Beach ,
CA 90802
(562) 624-1177
(562) 624-1178 fax
(310) 993-6560 cellular
Not a domestic partner situation but the last paragraph raised a question for me.If a 23 yr old daughter lives at home and makes only the parents car payment, is that considered contributing to the household expenses for CMI purposes?VickiVicki 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--- On Fri, 2/20/09, Jeffery B Smith <jsmith@cgsattys.com> wrote:
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David:
I don't think so. I have had quite a few cases here in Long Beach involving
domestic partnerships as we have a significant gay and lesbian community
here.
Federal Law SPECIFICALLY limits the definition of "spouse" to a marriage
between a man and a woman. Someone gave me a cite to that on this list
serve about a year ago to that code section. Thus I cannot see how the
federal forms for the petition could even ask about "domestic partnerships"
as to my knowledge; they are non-existent in federal courts.
Having said that, beware that in the means test CMI calculation, the income
from ANYONE who contributes to the household expenses on a regular basis
must be included, domestic partner, roommate, uncle etc. it doesn't matter.
-Jeffrey B. Smith
CURD, GALINDO & SMITH, L.L.P.
301 East Ocean Blvd. #1700
Long Beach, CA 90802
(562) 624-1177
(562) 624-1178 fax
(310) 993-6560 cellular

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