The US Justice Department will now recognize same-sex marriages for federal purposes, including bankruptcy. Previously, gay or lesbian couples in non-marriage equality states had to file separate bankruptcies and include their partner's income. This new policy allows same-sex couples to be treated as married under bankruptcy law nationwide. In addition to reducing bankruptcy costs, the policy extends other federal rights to same-sex couples such as Social Security benefits, joint tax filing, and spousal privilege.

1. Great News for Gay Couples Who Need Bankruptcy!
In an announcement earlier this month, Attorney
General Eric Holder said, “it is the (Justice
Department’s) policy to recognize lawful
same-sex marriages as broadly as possible,
to ensure equal treatment for all members
of society regardless of sexual orientation.”

2. P
Why Does This Affect Bankruptcy?
Previous to same-sex marriage being available in any state, all gay
or lesbian couples had to file 2 distinct bankruptcies
if they couldn’t pay their debts. But they still had
to include the other person’s income
as income to the household!

3. As some states slowly ratified same-sex marriage,
the couples in those states could usually get the same treatment as a
heterosexual married couple. With this announcement the Justice
Department has declared that same-sex couples must be treated
equally under the law – even in states that have not yet ratified same-
sex marriage, as long as they were married in a
state where it was legal.
This radically cuts the cost involved as well as
Giving same-sex couples the extra exemptions
allowed other married couples.

4. Does This Just Affect Bankruptcy?
No. This also affects many other rights such as the right to
Visit a spouse in prison, the right to receive survivor benefits
From the government, the right to file joint
income tax returns, and the right to not be
compelled to testify against one’s spouse,
along with any other righ granted by the
federal government to married couples.

5. Remember the saying, “Knowledge is power.”
Isn’t it time you got your power back?

6. Brought to you by:
Gary Ray Fraley, California Certified Bankruptcy Specialist