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Domestic Partners with General Partnership Business filing in CA

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    Domestic Partners with General Partnership Business filing in CA

    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

    #2
    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
    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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