No More Until Debts Do Us Part: Supreme Court Grants Married Same-Sex Couples the Same Joint Bankruptcy Protections as Opposite-Sex Couples in Obergefell v. Hodges

By Ansley Owens, Contributing Writer and Intern for The Academy (Nashville, TN)

On the two-year anniversary of United States v. Windsor, 133 S. Ct. 2675 (2013), the Supreme Court ruled that the Constitution guarantees the right to same-sex marriage in Obergefell v. Hodges, 2015 WL 2473451 (U.S. June 26, 2015).

The Supreme Court’s ruling in Windsor recognized that married same-sex couples, whose marriage was ‘celebrated’ in a state where same-sex marriage was legal, were entitled to the same treatment under federal law as married opposite-sex couples. Since . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Avoidance Powers in Chapter 13© – Part 6 of 6

February 3, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 Click here for Part 2 Click here for Part 3

Members

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part 3

September 13, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART III – DELAYED PERFECTION OF SECURITY INTERESTS Introduction Current circumstances (a pandemic and dire economic conditions) portend an onslaught of bankruptcy filings. In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space,...

Members

What About Conditional Confirmation?

Henry E. Hildebrand, III

April 14, 2024

It is appropriate to convert a Chapter 13 case to one under Chapter 7 when the debtor makes no attempt to cure defaults that arise in the case or take any steps to propose a feasible plan.

Members

Employment Law Alphabet Soup

October 24, 2021

By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL) I have taught Compensation and Benefits to candidates preparing to take the Professional in Human Resources certification exam. These two topics include a great amount of employment law. So, I know just enough about employment law to be scared… or maybe cautious is a better term. I am...

Members

Ordinary Heroes Deliver Second Chances with Bankruptcy

July 28, 2019

By Robert (Bob) Schuman, Owner/Managing Broker, Network Financial Group I’m a mortgage broker. In that role, I see close up the immense relief that a homeowner feels when they file Chapter 13. They are no longer forced to deal with collection calls and a multitude of letters that are aggressive and intimidating, threatening to take their car, foreclose on their...

2 Million ITINs Set to Expire in 2019; To Avoid Refund Delays Apply Soon

October 13, 2019

Taxpayers with expiring Individual Taxpayer Identification Numbers (ITINs) can get their ITINs renewed more quickly and avoid refund delays next year by submitting their renewal application soon, the Internal Revenue Service said 10/10/19. An ITIN is a tax ID number used by taxpayers who don’t qualify to get a Social Security number. Any ITIN with middle digits 83, 84 ....

Members

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

November 15, 2020

Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix B Adjustments to Means Test Amounts (Cases Filed On or After November 1, 2020) The tables on the following page provide median family income adjustments reproduced in a format designed for ease of use in completing Bankruptcy Forms 122A-1 and 122C-1. STATE 1 EARNER FAMILY SIZE 2 PEOPLE 3 PEOPLE...

Members

From the Editor – Attorney Sanctioned

June 14, 2020

By The Honorable William Houston Brown (Retired) Attorney sanctioned for filing identical schedules in two cases without updating financial information. The same attorney represented a debtor in two cases filed sixteen months apart, but the attorney filed essentially identical schedules in both cases, violating Rule 9011 by failing to make reasonable inquiry before filing the second case. The schedules in...

Members

List It or Lose It: When Actual Knowledge Isn’t Enough

June 20, 2021

By Cathy Moran, Esq., (Redwood City, CA) To actually effect abandonment of unadministered assets in a bankruptcy case, the asset in question must appear on Schedule A/B. That’s the hard teaching of Stevens v. Whitmore from the 9th Circuit BAP. A passing reference to an asset in the SOFA isn’t sufficient. Neither was the fact the trustee explicitly knew about...

Members

Escrow 102 – Part 1 of 4

September 26, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 - Part 2 Escrow 101 – Part 3 Escrow 102 – Part 2

Members