June 20, 2008
Further Thoughts on Gay Couple Bankruptcy Filing
WOW, Jon. I love the internet!
So, if my client's spouse, as allowed under California law, makes $500K a year, when my unemployed debtor files a chapter 7, 1 U.S.C. s 7 says I don't have to list the "spouse"'s income as long as the "spouse" is the same sex. I hope I get those exact facts one day!
Mental Gymnastics for thought on this issue: When the Chapter 7 trustee asks at the 341(a), "are you married", do I object for uncertainty? I guess the answer is that he is married, but just doesn't have a "spouse" under Federal Law!
Section 101(10A)(B) requires the debtor to include in CMI, payments from any source made on a regular basis for the household expenses of the debtor. Maybe the catch is there.
Anyway, thanks Jon. You definitely answered the first question I had. My current petition will be filed, based on 1 U.S.C. s 7, as a "single individual." not "individual-married," if the client gets married before I file.
Editor's comment. Is property acquired during the "marriage" community property? I.e., can the trustee seize the non-filing spouse's interest in the property? Is the non-filing spouse's future income protected by the community property discharge? A similar problem was dealt with in :
Rabin v. Schoenmann (In re Rabin; In re Johnson) 359 B.R. 242 (9th Cir BAP, December, 2006)
Issue: Must a gay couple, registered under the California Domestic Partnership Registry, share or split the homestead exemption?
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This is pretty interesting.
Posted by: file bankruptcy yourself | Feb 6, 2011 3:19:43 AM