Same-sex Couples And The Nature of Bankruptcy Court

The state of New Jersey now allows same thailand sex married couples to file jointly for both Chapter 7 and Chapter 13 bankruptcy. This eligibility was confirmed by the Office of the United States Trustee (OUST). According to the Neville Law Firm, „this decision likely stems from President Obama’s decision, memorialized in the February 23, 2011 letter of United States Attorney General Eric Holder, to suspend enforcement of section 3 of the federal Defense of Marriage Act (DOMA) because it is unconstitutional.“ The law firm goes on to say that the Central District of California ruling that DOMA is unconstitutional may have also had an influence. This ruling is a victory for gay rights advocates, but it also demonstrates a larger point about federal bankruptcy court in general. These courts are given significant latitude to grant bankruptcy filings and to determine just outcomes on a case-by-case basis.

Bankruptcy Law and the Merit of Individual Cases

This is not to say that bankruptcy proceedings are determined with prejudice or solely by the whimsy of the judge. And while everyone has a right to seek debt relief through a bankruptcy petition, but no one is guaranteed this relief. First off, there are eligibility criteria that include maximum amounts for secured and unsecured debt, credit counseling requirements, and intervals between petitions. Next, the filer is obligated to provide a detailed account of the financial circumstances for the entire household.

Yet, once a petition is reviewed by the court and submitted to the trustee, there is more room to consider the individual merits of the case, including hidden assets, projected income, and unusual or unforeseeable hardships. Aside from the financial terms upon emerging from bankruptcy, these types of individual assessments may also have some bearing on which pieces of property are exempt from liquidation.

Achieving Optimal Outcomes

There are a number of things you can and should do to improve your chances of emerging from bankruptcy with favorable terms. This includes knowing the basic requirements beforehand and then following through on these rules, showing proper deference and etiquette at all times, and demonstrating a seriousness of purpose in getting out from under your debt. This presentation should be maintained for the judge, trustee, and other court-related associations. If you fail to take the credit counseling requirement seriously, for example, the report will likely reflect this and the judge will make note.

On the other hand, it’s important to understand that the court has to weigh the interests of both the creditors and the debtor. This process starts with being granted eligibility to the best bankruptcy filing for your circumstances-whether it’s filing individually or jointly, for chapter 7 or chapter 13. Having an attorney advocate on your behalf can highlight the strengths of your case, while also ensuring you receive a fair deal commensurate with your legal rights. This attorney can also help you navigate the peculiarities of your federal bankruptcy court’s local office-through either full-fledged legal representation or unbundled legal services.

If you would like to learn more about Same Sex Bankruptcy Filings , visit Silver Spring Bankruptcy Attorney for more information.

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