DOJ Steps Back on Joint Filings by Same-Sex Married Couples

In June, a California bankruptcy court declared the Defense of Marriage Act unconstitutional as it applied to a same-sex couple who had filed a joint bankruptcy petition.  The case was unusual in that 20 bankruptcy judges signed the order rather than just the judge hearing the case. Now, true to the statement from the Obama administration in February of this …

California Bankruptcy Court Declares DOMA Unconstitutional

The 1996 Defense of Marriage Act mandates non-recognition of same sex marriage by the federal government. While that raises issues in a variety of contexts, the issue arises again and again in the bankruptcy courts, and bankruptcy attorneys routinely question how to treat married same-sex couples in bankruptcy.  Though they are legally married, DOMA says that the bankruptcy court can’t …