Domestic Partners with General Partnership Business filing in CA

[kmiller]

Need to find additional information on filing Ch7 in California. We are registered Domestic Partners and our business is a General Partnership. We are filing for our business and personal. We have been together 20 years, so most personal belongings belong to both of us.

Does anyone know where I can get additional information on filing and completing forms. Do we both list the same items and note 50% ownership. I am fairly sure we cannot file as a married couple and double exemptions.

Thanks

[tcreegan]

Hi kmiller,

Just on a quick search I found this:

In re Rabin, 336 B.R. 459 (Bankr. N.D. Cal. 2005). (http://207.41.19.15/web/bap.nsf/29DA027C49F80DF988257258008132B8/$file/Rabin-06-1005.pdf?openelement)

Under California law, the homestead exemption rights of registrants under the DPRRA are identical to those of people who are married, which is a single combined exemption.

The instructions on the federal BK forms say joint filings are only for married couples, but saw this in the Rabin case:

Moreover, as occurred here, consolidation of cases brought by individuals who are not spouses may also be ordered.

I know there as some significant differences between personal business vs business business in a BK, but it is out of my league...

...need some of the gurus weigh in on how to tangle business vs personal on a BK

Welcome aboard, lots of good folks here to help out, keep us posted..

Tom in Colo