No! California and Federal Law are two different animals and Federal Law always trumps state law.
The Supremacy Clause of the United States provides
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
Accordingly, when it comes to Bankruptcy, same-sex couples are still not entitled to file a joint Bankruptcy Petition.Stay tuned, more on this blog to be published soon.
Written by Michael G. Doan– Michael Doan is a member of the Doan Law Firm, which consists of Chula Vista Bankruptcy Attorney locations, Escondido Bankruptcy Attorney locations, La Mesa Bankruptcy Attorney locations, and San Diego Bankruptcy Attorney locations…just to name a few. Presently, Michael is concentrating his practice solely in Bankruptcy Law and is a Board Certified Specialist in Consumer Bankruptcy Law by the American Board of Certification, one of only fourteen such attorneys in all of California. He owns and manages the Carlsbad Bankruptcy Attorney Office.
Quality San Diego Bankruptcy Attorneys can be hard to find these days, but over at Doan Law Firm we take pride in the quality of our work and our clients are our number one priority.