While laws and legal procedure are subject to frequent change and differing interpretations in the ordinary course, this is even more true now as the federal government dismantles DOMA and extends federal protections to same-sex couples. Some of the potential benefits of a joint bankruptcy petition are as follows:. At the Law Office of Ronald D. I think there are non-frivolous arguments on both sides of the issue. The obvious answer is that more people will be able to file joint bankruptcy petitions than before. Our law firm concentrates in bankruptcy law and in foreclosure solutions.
If the same-sex couple is married then the income of both parties will be taken under consideration in the calculations.
Take the case of Fred and Barney, a couple who were legally married in Massachusetts in and moved to Texas the same year. Because bankruptcy can damage your credit and have other serious consequences, it is very important to fully understand the advantages and disadvantages of filing. However, the important fact is that same-sex married couples now have the option to make that decision for themselves and are not limited by the law. At this point in time, Bankruptcy Courts could recognize marriages which were legal in a state but states were not compelled to allow same-sex marriages.
Because bankruptcy can damage your credit and have other serious consequences, it is very important to fully understand the advantages and disadvantages of filing.