Same-Sex Partners and Bankruptcy: The Means Test and Household Size. In Michigan, therefore, filing bankruptcy while living with a same-sex partner is not appreciably different than filing while living with a non-marital, opposite-sex partner as Michigan is not among the states offering legal options for same-sex marriage or domestic partnership. It is both good and bad news. The good news is that same-sex couples can save on legal fees and court filing fees, because they only have to file one case. But, it can create problems for couples who have higher incomes. In the Bankruptcy Means test, you are required to include all members of your household, and your spouse’s income.Author: Daniel Winter.
Jun 20, 2011 · However, in Texas, same-sex marriage is banned by the constitution and same-sex unions are not recognized in bankruptcy court or any other court in the state. While same-sex couples can file bankruptcy separately, they cannot file bankruptcy jointly as a married couple would. Nov 14, 2011 · On behalf of Jamie Miller of Miller & Miller Law, LLC posted in Bankruptcy Means Test on Monday, November 14, 2011. Can same-sex couples filing a joint bankruptcy? The U.S. Department of Justice announced on July 6, 2011 that it will no longer oppose joint bankruptcies filed by same-sex couples legally married in their state.Author: Miller & Miller Law, LLC.
Apr 02, 2014 · Same Sex Married Couples May File Bankruptcy Jointly, Now that DOMA Ruled Unconstitutional When you need a business service from someone and that service requires you to explain personal details about your life, it can feel invasive. So, when we made the decision to file for bankruptcy we knew that there would be a lot of questions asked.Author: Ambrogio, Pletter & Associates, LLC. As Massachussets Bankruptcy Lawyer Jed Berliner has written, treating same-sex couples as roommates has big advantages in allocating household income to the means test, as married individuals must include all income of both spouses in determining whether they are above the median income, while roommates must only include contributions from the.
If the individual debtor is in a same-sex marriage, the debtor can conceivably argue that the spouse’s income and finances should be included in the means test, or, alternatively, argue that the spouse is merely a roommate, considering that New York has yet to make the arrangement legal, and that the income does not need to be included. Oct 25, 2018 · The misunderstanding over gay rights in bankruptcy stems from the days before same-sex couples could legally marry. Bankruptcy is a federal matter, so even if a state recognized a same-sex civil union as legitimate, federal law did not. It wasn’t until gay marriage became legal across the board that the limitation disappeared.Author: Glenn.
If you are gay and in a same sex marriage, bankruptcy help might be available to you in the Northern District of Ohio. This is precisely the circumstance facing a recent client. She originally planned to file bankruptcy alone, but had serious concerns about debt problems facing her same-sex spouse which the spouse could no longer afford to pay.Author: Bill Balena. Free Bankruptcy Means Test Calculator for your State and County. Applies all IRS Expense allowances and current State Median Income standards to give you an idea of whether you qualify for Chapter 7 bankruptcy. Based on Official Form 22A and expense and income standards published by the US Department of Justice, Executive office of the U.S. Trustee.