Legal Question in Bankruptcy in Massachusetts

Same Sex Marrige and Bankruptcy

I live in Massachusett and I am in a same sex marriage. We are both filing chapter 13. My question is will we have to file two cases or can we file one. Secondly, can we set up one payment instead of two?


Asked on 4/16/08, 3:36 pm

5 Answers from Attorneys

Christopher Di Giacomo Di Giacomo & Gruss

Re: Same Sex Marrige and Bankruptcy

I believe that if you have common debt, then one shall suffice. However, in my experience there has always been separate debt accumulated therefore i always advise to separate chapter 13. If you have two 13's then two payments need to be made.

Read more
Answered on 4/16/08, 3:49 pm
Christopher Di Giacomo Di Giacomo & Gruss

Re: Same Sex Marrige and Bankruptcy

I believe that if you have common debt, then one shall suffice. However, in my experience there has always been separate debt accumulated therefore i always advise to separate chapter 13. If you have two 13's then two payments need to be made.

Read more
Answered on 4/16/08, 3:49 pm
Christopher Di Giacomo Di Giacomo & Gruss

Re: Same Sex Marrige and Bankruptcy

I believe that if you have common debt, then one shall suffice. However, in my experience there has always been separate debt accumulated therefore i always advise to separate chapter 13. If you have two 13's then two payments need to be made.

Read more
Answered on 4/16/08, 3:49 pm
Christopher Di Giacomo Di Giacomo & Gruss

Re: Same Sex Marrige and Bankruptcy

I believe that if you have common debt, then one shall suffice. However, in my experience there has always been separate debt accumulated therefore i always advise to separate chapter 13. If you have two 13's then two payments need to be made.

Read more
Answered on 4/16/08, 3:50 pm
Michael Eramo Law Offices Of Michael T. Eramo

Re: Same Sex Marrige and Bankruptcy

Interesting question, one that now presents itself in Massachusetts. Bankruptcy is based on Federal Law. It could be argued that Federal Law prevails, not state law. Legal advice should never be provided without a full understanding of someones particular facts and circumstances. Assuming for the moment that a Chapter 13 is the appropriate bankruptcy filing, if two cases were filed, it could be argued that the cases be administered jointly particularities that household income and expenses are major factors in proposing a plan.

In any event, speak with a qualified bankruptcy attorney in your area. You can find National Association of Consumer Bankruptcy Attorney's and other information at www.NACBA.org.

Sincerely,

Michael Eramo

www.EramoLaw.com

Read more
Answered on 4/16/08, 4:24 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Massachusetts