Portland Bankruptcy Attorney

Bankruptcy Lawyer Portland Or

Portland Bankruptcy Attorney
CALL 503-380-7822
email-iconmap-marker
  • Home
  • Bankruptcy
    • Personal Bankruptcy
    • Business Bankruptcy
    • Foreclosure
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
  • Estate Planning
  • About
  • Contact

Gay Married Couples May Now (Apparently) File Bankruptcy Jointly

August 19, 2011 by Chris Kane

In June, a bankruptcy court in Los Angeles emphatically declared that a legally married gay couple could file their bankruptcy case jointly, even if doing so was in direct violation of the controversial federal Defense of Marriage Act (“DOMA”).

The Bankruptcy Code allows a “joint case” to be filed by “an individual . . . and such individual’s spouse.”  DOMA defines the term “spouse” as “a person of the opposite sex who is a husband or a wife.” thus disallowing same-sex person to be a “spouse.”  However, the bankruptcy court determined that DOMA was unconstitutional because “no legally married couple should be entitled to fewer bankruptcy rights than any other legally married couple. “  Under their constitutionally derived equal protection rights, the legally married gay debtors were entitled to be treated the same as married heterosexuals because preventing them from doing so advanced no “important governmental interest.”

A single bankruptcy court opinion such as this one usually has a limited effect—it is only legally binding on bankruptcies filed within that federal district.  Granted, the bankruptcy court in that Southern California federal district has more consumer bankruptcy cases filed each year than in any of the other 93 federal districts in the country.  But still, this same issue was being simultaneously fought out in bankruptcy courts in other parts of the country, with the definite possibility that other bankruptcy judges could have reached opposite results.  So normally it would be years before a definite answer came out of the appeals process, perhaps even needing an eventual decision by the U. S. Supreme Court.

But because of an extremely unusual combination of legal and political events, this one bankruptcy court’s opinion IS for practical purposes the law of the land.  How could that be?

1. The opinion of the bankruptcy court, which is virtually always signed by a single bankruptcy judge, was also signed by 19 other bankruptcy judges, presumably all from that bankruptcy court (where they have many more judges than usual because the huge population and the number of bankruptcy filings).  This is an almost unheard of emphatic showing of support for a judge’s decision by his local colleagues.

2. The federal government, through the U.S. Trustee, filed an appeal of the bankruptcy court’s opinion in late June.  But then shortly after, in early July, the U.S. Trustee cancelled that appeal.  It did so because earlier in the year, President Obama had announced that his Administration would not enforce DOMA, for the same reason as the Los Angeles bankruptcy judge, that it was unconstitutional.  In this unusual situation the U.S. House of Representatives had the option of enforcing the law, and in this very case it had signaled that it would do so.  But then the House changed its mind and informed the U.S. Trustee that it would not try to enforce DOMA in this context of joint-filed bankruptcies.

3. As a result, not only did the U.S. Trustee dismiss its appeal in the California bankruptcy court case, it immediately also stopped fighting the issue in other bankruptcy courts throughout the country.

So it sounds like this one bankruptcy court opinion allowing legally married gay couples to file bankruptcy jointly is functionally the law throughout the country.  That’s even though the Los Angeles opinion was never reviewed or decided by a higher court, nor were any other bankruptcy court opinions.  Technically, that opinion’s ruling is legally binding only for the bankruptcies filed in the seven counties in that federal district.  But practically, its ruling is applicable everywhere. Unless the House of Representatives changes its mind.  Or if some bankruptcy judge raises an objection even without the U.S. Trustee doing so.

Filed Under: Bankruptcy History, Bankruptcy Procedure

Welcome to the Portland Bankruptcy Law Blog

I'd like to help you overcome your financial problems. One good way to start is to provide you with accurate and timely information about the bankruptcy laws. I do that here through informative blog posts, with a new one published here every week. I've been doing this for years so there is a wealth of information for you here.

But please be aware that since you are unique person you need a highly personalized solution to your challenges. That requires the analysis and advice of a conscientious and highly experienced attorney. That's really the only sensible way to get the benefit of the many powerful and effective remedies that the law provides.

So I hope the information provided here is helpful to you. Please contact me for guidance to a much better place:

503-380-7822

Recent Posts

  • No link found between bankruptcy and employment prospects
  • Creditor found in violation of automatic bankruptcy stay
  • What are the short- and long-term credit impacts of bankruptcy?
  • Bankruptcy Attorney Portland, Or | Bankruptcy Lawyer Oregon | Christopher J. Kane P.C.

Categories of Blog Posts

  • Portland Bankruptcy Attorney
  • Personal Bankruptcy
  • Business Bankruptcy
  • Stop Foreclosure
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Filing Bankruptcy in Oregon
  • Testimonials
  • FAQ
  • Blog

FREE CONSULTATION

GET A FREE CONFIDENTIAL CONSULTATION THIS MONTH.
*Please see below.

CONTACT

Christopher J. Kane, P.C.

Address: 2207 NE Broadway, Suite 100, Portland OR 97232

Phone: 503-380-7822

Email: chris@ckanelaw.com


We are a debt relief agency.

We proudly help people understand their options and, if appropriate, help them file for bankruptcy relief under the Bankruptcy Code.

DIRECTIONS

CONNECT

  • Email
  • Facebook
  • LinkedIn
  • Twitter
Avvo - Rate your Lawyer. Get Free Legal Advice.
Best Bankruptcy lawyers in Portland
Best Bankruptcy Lawyers in Portland

* Using this form, or email, for communicating with us does not establish an attorney-client relationship, until we do that in writing. So please do not send confidential or time-sensitive information through this form or by email. You affirm that you have read and understand this disclaimer.
CAUTION: This website is to provide visitors with basic information about our firm, and information about how to contact us. Every situation is different, and no information on this website is legal advice on any specific question. You should not act on any of the information without first conferring with an attorney licensed in your jurisdiction. No attorney-client relationship or privilege is formed by visiting this site or by unsolicited email. Therefore, initial emails should not contain any confidential information. We may already represent parties adverse to you and cannot advise or represent you until we check for conflicts. We are licensed only in Oregon and offer our services only to those doing business in Oregon, unless we are associated with local counsel in accordance with other states laws. The applicable laws may have changed after the information on this website was published. While effort is made to keep the information current, you should not presume that all information is up to date. You must confer with an attorney to be sure you have current information.
Copyright © 2021 · Christopher J. Kane Attorney at Law · 503-380-7822 · Designed by Artizon Digital