Monthly Archives: May 2014

Same Sex Couple Bankruptcy

A bankruptcy court permitted a same sex couple legally married in one state to file a joint bankruptcy petition in their state of residence even though that state does not recognize same sex marriages.  In re Matson and Mabry, Case No 13-35361, E. D. Wisc.  April 29, 2014.  In this case a creditor filed the objection to the joint bankruptcy petition.  The bankruptcy court determined that under the Full Faith and Credit Clause and  the Supreme Court decision in United States v Windsor, 133 S. Ct. 2675 (2013), the same sex married couple could file their joint bankruptcy petition in Wisconsin even though Wisconsin does not recognize same sex couples.  The state law as to marriage in Wisconsin did not prevent the application or recognition of the marriage in the federal bankruptcy proceeding. I do believe that it is fair to say that a joint Fort Lauderdale bankruptcy filing for a same sex couple legally married in another state would not…
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