Same-Sex Couple with Certificate of Civil Union Can File Joint Bankruptcy Petition

Same-Sex Couple with Certificate of Civil Union Can File Joint Bankruptcy Petition

Debtors filed a joint petition under chapter 13 of the Bankruptcy Code on February 5, 2018. On March 5, 2018, they attended their section 341 meeting with the office of the chapter 13 trustee. During the meeting, the Debtors were questioned about their marital status and responded by showing the trustee’s attorney a copy of their “Certificate of Civil Union.” It appears to the court that the Debtors have generally fulfilled all requirements to confirm their plan or will have by the date now set for confirmation. The trustee has, however, filed a motion to dismiss one of the joint Debtors for ineligibility as a result of not holding a certificate of marriage.

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