St. Louis, MO (PRWEB) July 15, 2014
The Law Office of Charles H. Huber, a St. Louis bankruptcy lawyer and traffic law firm based out of St. Louis, Missouri, announces that it will now provide bankruptcy services to same sex couples looking to file joint bankruptcy. Because Missouri does not recognize same sex marriages, such couples were left wondering whether or not they could file a joint bankruptcy petition.
Up until recently, the Law Office of Charles H. Huber, like most firms in the state, had little idea how to counsel their clients on the issue of joint filing if they were in a same sex marriage. It was recently announced at a seminar that the U.S. Trustees Office for the Eastern District of Missouri would not oppose joint filings in the Eastern District of Missouri as long as the couple were married in a state that recognizes these marriages. After hearing this, the Law Office of Charles H. Huber will advise such clients that they may file a joint bankruptcy petition.
"This is a benefit if both parties want to file bankruptcy, because they would no longer be required to pay attorney fees and filing fees for two separate cases," Charles H. Huber said of the news. "They could file one case and only pay one filing fee, and one attorney fee." Couples will need to seek competent advice as to whether or not filing jointly is the best thing for them.
On the other hand, there could be a detriment if only one party wants to file. In Chapter 7 bankruptcy, it is required for both partners in a marriage to disclose their income, even if only one partner is filing. If the non-filing partner has significant income, the filing partner may be ineligible for Chapter 7, as that type of bankruptcy has an income limit; in this case, the filing partner will not pass the Means Test.
With Chapter 13, Mr. Huber notes, couples could run into a similar issue. "In Chapter 13, inclusion of the income of the non-filing partner could be a factor in determining how long the pay-back plan must run. If the non-filing partner has significant income, the pay-back period may need to be five years, instead of only three years."
About Law Office of Charles H. Huber:
The Law Office of Charles H. Huber is a St. Louis, Missouri based private law practice that provides legal services to clients, including bankruptcy help and traffic issues. With over 30 years of experience, the Law Office of Charles H. Huber has consistently helped clients win their cases. Charles H. Huber is a member of the Missouri State Bar Association. For more information on the Law Office of Charles H. Huber, please call 314-298-0305, or visit http://www.charleshuberlaw.com.