Can a gay couple file a joint bankruptcy in Utah? Or, Does the Utah Bankrupty Court recognize same-sex marriage?

A gay couple, legally married in another state, can file a joint bankruptcy here in Utah.

In the past, I would have to do a two-fer, where one partner paid full fees in the case, and the other partner filed bankruptcy for free, but this still meant two bankruptcy filings, and twice as many filing fees paid to the court ($306 x 2).  Now, the gay couple can file a single case.

From what I understand, bankruptcy law is federal law, and whether or not the State of Utah recognizes same-sex marriages, under the federal eye, they’re legal.  This means that bankruptcy protection covers same-sex couples as well.

Unofficially, the chapter 13 trustee for Utah has advised that he won’t fight joint administration of any same-sex couple in a Chapter 13.  As for the various chapter 7 trustees, I honestly haven’t dealt with the issue yet but do not believe it would be a problem.

This is not legal advice.  If you need help go to www.robertspaynelaw.com.

 

 

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