Legal Question in Bankruptcy in California

Can domestic partners file a joint consumer bankrputcy petition? If so, how would select the married/single status for the means test?


Asked on 9/22/10, 9:37 am

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

The feds don't recognize same-sex marriages or partnerships, so no joint BK filing for you, for now. Or you could sue for declaratory relief based on Judge Vaughn's decision invalidating Prop 8, in other words that your constitutional right of equal protection is violated by a prohibition on a joint BK, and who knows, you might win.

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Answered on 9/27/10, 9:54 am


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