Same-sex married couple wants to join their chapter 13s &=
Posted: Tue Dec 13, 2011 8:38 am
The requst for substantive consolidtaion relations to the fact that community property applies to their assets and income.
The fact that they are separating households doesn't change theargument in favor of consolidating the estates.
Peter M. Lively, JD, MBA
The Personal Financial Law Center
A-Bankruptcy-Attorney.com
Culver City (310) 391-2400
________________________________
To: cdcbaa@yahoogroups.com; nacba@googlegroups.com
Sent: Monday, December 12, 2011 7:37 PM
Subject: [cdcbaa] Same-sex married couple wants to join their chapter 13s & at the same time - separate their households - help
This is an unusual situation. We filed two separate chapter 13s because the case law had not yet come down in the CDCA saying that we could file a joint same-sex marriage case. The two plans are 100% plans. Now the debtors want to try a trial separation for one year (debtor wants to sign a lease at a new place for a year - DO I NEED TO GET A COURT ORDER FOR HER TO DO THIS?? The court form for this seems to only refer to purchases, not leases, Form 3015-1.17.) At the same time, they want to join their cases so they can make one plan payment. Even though their monthly plan payments are different, in reality, they split the payment to the trustee and split all bills 50/50.With the additional rent and expenses of a separate household, both their plan payments will need to be reduced from 100% to something lower.
NC is the trustee on both cases. VZ and WB are the judges. I am concerned about asking to join two cases where the debtors are also separating, but this is what the debtors want. Is this going to blow up in my face if I try to get the debtors what they want?
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
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