Gay Couples and Chapter 13 Bankruptcy

Gay couples, especially those that are in a long term relationship, present a unique set of problems when it comes to seeking relief under Chapter 13 of the Bankruptcy Code.  Gay couples in a long term relationship usually hold the majority of their assets jointly as well as the debts they have accumulated.  This situation is similar to most "married couples".  Gay couples in Massachusetts, the only state that allows gay marriages and/or resides in a state that recognizes gay marriages, the problem described below does not apply. 
By law, it is questionable whether a civil union between same sex couples would apply in the same fashion as a conventional marriage that is authorized in Massachusetts.  Most married couples seeking relief under the bankruptcy code, file what is called a ‘joint case'.  A joint case is started by the filing of a single petition by an individual and such individual's spouse.  It is important to note that the bankruptcy code does not refer to a man and a woman but rather an individual and the individual's spouse. 
There is a solution that gives a gay couple roughly the same relief as that of a married couple.  That relief is provided for in the Rule of Bankruptcy Procedure.  Partners may seek to have their cases jointly administered, which has, for the most part, the same effect as filing a joint case.  This has been accomplished by each person filing a separate petition requesting relief under Chapter 13 of the Bankruptcy Code.  Upon the filing of such petitions, or shortly thereafter, a Motion is filed with the Bankruptcy Court requesting the two cases be jointly administered,   i.e. joined together under a single case number and for the most part handled as one case. 
The foregoing has been ruled upon successfully by at least one bankruptcy judge. 
There remains one unresolved issue that will likely be addressed by a bankruptcy judge soon as to the issue of ‘substantive consolidation (SP)' these cases, which would give all the benefits of filing a joint case.