Homosexual Spouses Allowed A Joint Petition

  • Joint Petition

Homosexual Spouses Allowed A Joint Petition

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A homosexual couple got permission for filing a joint petition in a Chapter 13 bankruptcy case despite the argument of the Trustee that their marriage is illegal under the Defense against Marriage Act (DOMA), as only the couples who are legally married can file joint petitions in bankruptcy.

But on June 13, 2011, a bankruptcy court in California denied the dismissal of a joint Chapter 13 bankruptcy case for homosexual couple debtors. Under 11 U.S.C. 302(a), gay spouse debtors are permitted to file a single petition.

The court’s statement was: “In this court’s judgment, no legally married couple should be entitled to fewer bankruptcy rights than any other legally married couple.”

In re Balas, the decision was signed by 20 judges instead of just one judge and left no doubt about the possibility of a joint petition filing by homosexual couples (married under California law) in the Central District of California.

In case the homosexual marriage is legal in your state and you want to enter into a joint petition filing, contact the Recovery Law Group and hire the best bankruptcy attorney of Los Angeles & Dallas, TX, for expert help. Visit www.recoverylawgroup.com or call on 888-297-6203.


2019-11-27T12:29:34+00:00