Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
If a debtor who is legally married to the same sex in Washing DC however the live in VA that does not recognize same sex marriages can they file a BK as a married couple?
Response: Unfortunately, they may not file for bankruptcy protection at this time in VA unless the federal government comes up with the practical way to deal with the Supreme Court's DOMA ruling. However, the debtor and his/her your spouse could very well be the test case on equal protection if they decide to file as a couple and the Bankruptcy Trustee challenges it.