The North Carolina Bankruptcy Information Blog

Recent gains for marriage equality in states like Iowa and New Hampshire have been met by a lot of legal questions for those who are actually considering marriage with their gay and lesbian partner. Confusing differences in relationship recognition amongst state and federal laws can create true legal challenges for same-sex couples throughout the country. These legal hurdles for gay and lesbian spouses include barriers when these couples seek the benefits of bankruptcy. Because the federal government crafts bankruptcy legislation and bankruptcy law is decided on the federal level—and yet, bankruptcy law is regulated on the state level—differences can emerge in the way cases are handled, especially where same-sex couples are involved.…

Recent gains for marriage equality in states like Iowa and New Hampshire have been met by a lot of legal questions for those who are actually considering marriage with their gay and lesbian partner. Similarly, recently proposed legislation that would prohibit marriage between gay and lesbian couples in North Carolina is shedding a new spotlight on the confusing differences in relationship recognition in state and federal laws and the true legal challenges facing these couples throughout the Tar Heel State and entire country.

These legal hurdles for gay and lesbian spouses include added barriers when these couples seek the benefits of bankruptcy.…

The decision to file for bankruptcy is never an easy one, especially where married couples are involved. Spouses must settle issues of dishonesty, mistrust, and frustration–and that’s even before any of the complex steps of collecting necessary documents and filing papers.

But the story for insolvent couples does have a caveat: joint bankruptcy protection. Married debtors can file their cases jointly with one trustee, one filing fee, and one total case. Debtors can bring to the table their joint debts as well as debts they hold only in their name. To be a joint case, the debtors need only be legally married.  And they must be a man and a woman.…