The Defense of Marriage Act [DOMA] , 1 U.S.C. 7, defines the word spouse in federal law to only include a person of the opposite sex. DOMA has been cited to preclude same sex married couples or couples joined by same sex civil unions from jointly filing bankruptcy. A February 23, 2011 order from President [...]
Marriage and Debt
Of course you love your sweetie. Honeybunches is your best baby. And I’m sure that snookums is true blue to you in every way. Have you checked your credit? Financial infidelity is a leading cause for divorce, not to mention bankruptcy. For better or worse, your marriage is a financial partnership as well as a [...]
The “family-friendly” Congress elected in 2004 did an odd thing in 2005 when they passed BAPCPA, the bankruptcy “reform” law. In the process of ignoring how the American family has evolved since “Father Knows Best” was a television mainstay, they encouraged the break-up of the indebted family. The Eighth Circuit Bankruptcy Appellate Panel, in effect, [...]
When filing bankruptcy, one of your most important assets (a fancy word for property) is your real estate. All interests you have in real estate must be listed on Schedule A of the bankruptcy paperwork. You think this is easy? Usually it is. But here are some pointers. Be sure you know what interest in [...]
Filing for bankruptcy and filing for divorce often go hand in hand. This is unfortunate, but the news isn’t all bad. I believe that filing for bankruptcy can actually help save some marriages by eliminating overwhelming debt, which is a a major source of stress that causes marriages to break up. Even in cases where [...]
There are times when only one spouse in a marriage will want to file for bankruptcy. Some of the factors to consider in determining whether spouses should file a joint or separate bankruptcy are discussed by New Mexico Bankruptcy Attorney Gini Nelson in her article Must the Non-Filing Spouse’s Information Be Disclosed? Unfortunately, even when only one spouse files for bankruptcy, the bankruptcy code requires [...]
