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Same sex couple and joint bankruptcy

I'm married to my husband (same sex marriage), legally in the state of Massachusetts. Is it possible for us to file a joint bankruptcy and, if so, is there an advantage to doing it that way rather than filing individually? Thank you.

Joint bankruptcy for gay couple

As of this minute, probably not a good idea to file jointly.  Because bankruptcy is a federal matter, and federal law does not yet recognize same sex marriage, gay couples must file individually.  This is, as they say, a fluid issue.  The Obama administration is not going to defend the Defense of Marriage Act in Court.  Also, in February, a same sex couple filed a joint Chapter 13 bankruptcy petition in California.  It will be interesting to see how the court deals with that petition.

As to the advantages of filing jointly, it is often cheaper.  However, in some cases, depending on the unique circumstances of the couple, they may be better off filing separately.  For more on that possibility, and for an update on the advisability of filing jointly, you should discuss your situation with a Massachusetts bankruptcy attorney.  Good luck. 

I agree with the editor that

I agree with the editor that the safe road is to file individually. However, given the Obama Administration recent policy shift and a decision from the federal district court I think the time is ripe for a change. Filing a joint case may have many speed bumps (it may also have no speed bumps given the recent policy shift) but I think it would be well worth it for you and many people that would follow you to have a clear decision from the court.
 
If you would like to speak with me about your case please call.
 
Robert Kovacs
 
RKovacsLaw.com

UPDATE

Follow this link for an update on the issue of whether same sex couples can file a joint bankruptcy petition.

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