Professor Pat Cain has posted a few notes about bankruptcy and same-sex married couples (emphasis mine).
A couple of months ago a federal Bankruptcy Court in Central California ruled DOMA unconstitutional as applied to joint filings in bankruptcy. The case is In re Balas. As a result of that case, and the administration’s stance that DOMA is unconstitutional, the U.S. Trustee in Bankruptcy has agreed that DOMA will not be raised to protest joint filings by married same-sex couples. I had assumed that this rule would only be applied in states where the marriages were recognized. But I learned from bankruptcy lawyer John Boddie that joint filings are the rule in North Carolina so long as the couple is actually married. Maybe it is Bankruptcy Law, rather than Tax Law, that will ultimately lead the way to Marriage Equality.
Professor Cain, who has been a great resource for me on same-sex marriage issues, attended the Lavender Law conference last week and came back with several other notes including estate planning tips and the implications of New Mexico saying it will recognize valid same-sex marriages from other states. She summarizes everything she learned in this blog post.
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