At long last, married same-sex couples will now be allowed to file joint bankruptcy petitions and discharge their debt in a singular streamlined proceeding pursuant to an announcement Saturday by United States Attorney General Eric Holder. The new policy comes in the midst of the U.S. Supreme Court’s ruling last year in Windsor v. United States.
Previously, the marriages of same-sex couples were not recognized by the United States, meaning they were required to file separate tax returns and file separate bankruptcy cases. This created needless disparate treatment that required same-sex married couples to incur double the attorney and filing fees. The new policy is consistent with the Fourteenth Amendment and forecloses long standing injustice to this class of people.
If you have additional questions about the bankruptcy implications of the U.S. Department of Justice’s position on this matter, feel free to contact Mark for a consultation at 614.223.1444 or info@kafantaris.com.
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