Short, easy answer – yes, same-sex married couples can file a joint Bankruptcy case and it is not even a disputed issue now. Bankruptcy law says a joint case can be filed “by an individual that may be a debtor under such chapter and such individual’s spouse.” As of June 2015, the United States Supreme Court held that same-sex marriage is legal in all states (see Obergefell v. Hodges). Bankruptcy law is a federal law, and Bankruptcy Courts are federal courts, as opposed to state and local courts. The United States Trustee, which has oversight over the Bankruptcy system (other than the Judges), is a division of the U.S. Department of Justice. Therefore, all will follow federal law even if there are still various disputes and protests in some states and some delays in couples actually getting married.
Scott Riddle is a Bankruptcy and Foreclosure lawyer in Atlanta, Georgia. The best way to contact us is by phone at 404-815-0164. You can also email scott@scottriddlelaw.com, or contact us through the contact page.