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Joint Bankruptcy for Same-Sex Married Couples

The Federal government has expanded legal benefits and services to same-sex married couples. Bankruptcy is a federal law and process.  What impact will this expansion have, then, on bankruptcy?

Traditionally, only a husband and wife could file a joint bankruptcy petition, as opposed to two individual bankruptcy cases.  Same-sex married couples, however, would have to file two individual bankruptcy petitions.  Under the new Federal expansion, same-sex couples legally married can file a joint bankruptcy together. Not only does this provide recognition by the Federal government of same-sex marriages, but it also is a cost-saving measure in bankruptcy, as a joint bankruptcy costs far less than two individual bankruptcies.

Oregon does not recognize, yet, same-sex marriages. But if a same-sex couple is married in a state that recognizes same-sex marriage, such as Washington, a married same-sex couple can then file a joint bankruptcy petition in Oregon if the couple meet all jurisdiction and venue requirements.

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Tom Butcher

Tom Butcher

Tom Butcher is the owner and attorney at Butcher Law Office, LLC. He represents clients in financial distress in Chapter 7 Bankruptcy and Chapter 13 Bankruptcy. Tom offers a friendly, respectful, and compassionate experience for clients who are in financial and legal distress. Rather than taking a mechanical approach to filing bankruptcy for clients, like other bankruptcy firms, Tom strives to offer a personal, one-on-one experience, where the client’s situation is of utmost importance. Tom believes this personal attention keeps him connected to the community, and serves his clients best during their bankruptcy.
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