DO WE HAVE TO BE LEGALLY MARRIED TO FILE A JOINT BANKRUPTCY? CAN SAME SEX MARRIAGES FILE JOINT BK?
Yes. The Bankruptcy Code does require the parties to be legally married to file a Joint Bankruptcy Case. In the event the parties are not married, they can still both file individual bankruptcy Petitions.
Additionally, the Bankruptcy Court for the Northern District of New York does allow same sex married partners to file a joint Bankruptcy Petition. Same sex married couples are treated no differently than traditional couples.
I am, Russell Simonetta, Central New York’s Premier Bankruptcy Lawyer!