Posted On: May 7, 2010 by Scott Sagaria

Same-Sex Bankruptcy Filing

A San Jose Bankruptcy attorney mentions same sex bankruptcy filing

California’s Supreme Court decision to allow same-sex marriages brought some relief to the ‘partner’ aspect of same-sex marriage, but brought nothing to the table when it comes to filing bankruptcy. Because bankruptcy is controlled by federal law (11 U.S.C.), a heterosexual couple may file jointly but a homosexual couple may not. This is because federal law does not legally recognize homosexual marriages. What makes this worse is that in states that have approved same-sex marriage, each spouse is liable for one another’s debts. This is a complete oxymoron; the state government says homosexuals can be married and share complete liability for debts, but the federal government says a homosexual couple cannot file jointly for bankruptcy.

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