Legal Question in Bankruptcy in California

Dependent Domestic Partner and Chapter 13 Bankruptcy Plan

I am currently in an registered domestic partnership in the state of California and am in the process of filing Chapter 13 bankruptcy. My domestic partner has not been able to find work and has subsequently gone back to school with no income. The mortgage is in both of our names but clearly I am the one who has been making the note payments for the last year. Am I able to claim the entire expense of the mortgage even though it is in both of our names? I am carrying the entire household (which is why I have to claim bankruptcy in the first place).


Asked on 6/13/09, 3:43 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Dependent Domestic Partner and Chapter 13 Bankruptcy Plan

I would claim the whole mortgage payment and explain your situation to the Chapter 13 trustee at the 341(a) meeting of creditors which is set approximately 30 days after the petition is filed. The new BK laws are complicated, so please consider using an attorney. This answer is not based on legal research, and if I your attorney I would drill down further into this topic before advising you.

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Answered on 6/13/09, 3:57 pm


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