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Can Same-Sex Couples File Joint Bankruptcy?

| Nov 14, 2011 | Bankruptcy Means Test, Chapter 13 Bankruptcy, Chapter 7, Debt Settlement |

Can same-sex couples filing a joint bankruptcy? The U.S. Department of Justice announced on July 6, 2011 that it will no longer oppose joint bankruptcies filed by same-sex couples legally married in their state. This news comes close on the tails of the recent court decision in Los Angeles where 20 of 24 judges signed an opinion allowing a same-sex couple to file a joint petition for bankruptcy. That opinion declared that the federal Defense of Marriage Act (DOMA) was unconstitutional. The U.S. Trustee in Bankruptcy has agrees that DOMA will not be raised to protest joint filings by married same-sex couples. One would assume that this rule would only be applied in states where the marriages are recognized. However, it has been noted that joint filings are the rule in North Carolina so long as the couple is actually married.

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