Archive for September, 2009

Social Networking Sites and Bankruptcy: The Intersection is Dead Ahead

There are a growing number of social networking sites out there on the world-wide-interwebs that people are latching onto.   In fact, both the firm and I have latched onto Facebook (we just lauched our Fan page this week!).  So I was intrigued after recently reading that a growing number of domestic relations attorneys were beginning to scour sites like Facebook in an effort to get information on opposing parties.  At first, I found it merely interesting as I once practiced domestic relations law.  But the subject gnawed on me for several days.   Then, earlier this week, I read that collection agencies are trolling sites like Facebook looking for debtors.  Then it dawned on me: if collectors are doing it, and divorce attorneys are doing it, there really is nothing stopping any party in any legal case from looking into Facebook or other social networking sites in an effort to gain a legal advantage of any opposing party.  And this rings true in the world of bankruptcy.

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The Elephant in the Room: Married Same-Sex Debtors

The decision to seek bankruptcy protection is never easy, and when two people are involved, it is not necessarily easier.  Married opposite-sex debtors have the option of seeking bankruptcy protection jointly in one case.  But as a growing handful of states recognize same-sex marriages or its legal equivalent (“unions”), and as the legitimacy and constitutionality of the Defense of Marriage Act (or DOMA) continues to be litigated in courts across the country, same-sex debtors seeking bankruptcy relief face even tougher decisions.

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