From the Editor

From the Editor – Eligibility

By The Honorable William Houston Brown (Retired)

Unmarried domestic partners ineligible. Looking to California law, which did not “view domestic partnership and marriage as one and the same,” the court distinguished unmarried, same-sex domestic partners from “spouses,” holding that “domestic partners cannot be considered ‘spouses’ under the Bankruptcy Code” for eligibility to file a joint petition under § 302(a). Although California law recognized substantial legal equality between domestic partners and spouses, that law did not make domestic partnership a marriage. While same-sex marriage is legal in California, these individuals chose not to marry but . . .

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From the Editor – Eligibility

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Related Articles

The Uneasy Co-Existence of Federal and State Consumer Remedies in Bankruptcy Cases – the Fourth Circuit Weighs In

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A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b) – Part 1Strategies in Modification of Residential Mortgages

From the Editor

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