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As of June 26, 2013, if you were legally married to your same-sex partner in a state, country, or province that recognizes same-sex marriage, you can file a joint bankruptcy petition. That was the day the Supreme Court issued its landmark ruling in U.S. v. Windsor that cleared the way for legally married same-sex couples to enjoy all the federal rights that married couples enjoy, including the right to file a joint bankruptcy petition. Still, if you need to file for bankruptcy, you’re going to need help from an experienced bankruptcy attorney. Same-sex couples who are not legally married cannot file a joint petition, but as the list of states that recognize same-sex marriage expands, more and more couples will be free to exercise this important bankruptcy right.
Usually there are warning signs or “red flags” that your financial situation may require filing for bankruptcy. When these flags go up, you need to act before your finances get even worse. A good bankruptcy lawyer can determine what type of bankruptcy petition is best for you and your partner. For most couples, filing a joint bankruptcy petition is more expedient than filing for an individual bankruptcy, but not always. In a joint bankruptcy, you have to list all of the debts still owed by both spouses, including all joint and individual debts. With a joint bankruptcy you can eliminate the dischargeable debts of both partners without filing two individual petitions. However, the types of debt you have significantly affect whether a joint bankruptcy or an individual bankruptcy is in your best interests. An experienced bankruptcy attorney can give you the best advice.
If you’re considering bankruptcy, get help from Patricia Depew. She’s an experienced California bankruptcy attorney who can successfully guide you and your partner through bankruptcy proceedings and toward the personal and financial goals you both hope to achieve. Should you decide that joint bankruptcy is your best option, you’ll be required to file a petition that must include:
• A complete record of your joint monthly living expenses
• Names and locations of both partners’ employers and the amount of income earned
• Names of both partners’ creditors and how much they’re owed
Patricia Depew wants her clients to understand completely the bankruptcy process in California and what it requires. She knows the strain and tension that clients can experience when they are pursued by bill collectors and collection agencies. She also knows the joy of helping hard-working, honest people obtain a genuine chance to start anew and build their future together.
Patricia Depew provides a warm, welcoming environment for clients to discuss their joint bankruptcy filing. She will move you quickly beyond legal rhetoric to the core of the matter, and she will save you time, money, and much of the grief that often accompanies bankruptcy. Call Patricia Depew today at 310-284-8494. Se Habla Español.
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14500 Roscoe Boulevard, 4th floor
Panorama City, California 91402
(northern San Fernando Valley)
15303 Ventura Boulevard, 9th floor
Sherman Oaks, California 91403
This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.