CRITICAL CASE COMMENT: In re Balas

In re Balas, 2011 WL 2312169 (Bankr. C.D. Ca., June 13, 2011) (Donovan)

A same-sex couple, legally married under applicable state law, may file a joint petition in Chapter 13, notwithstanding the Defense of Marriage Act.

Case Summary

Gene Balas and Carlos Morales were legally married in California in August 2008 and, in February 2011, filed a joint Chapter 13 petition. The United States Trustee moved to dismiss the case pursuant to § 1307(c), arguing that Mr. Balas and Mr. Morales were ineligible to file a joint petition because both . . .

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