Dear Readers: There are some basic truths. One is that when someone says, “hey, watch this!,” the result is likely to involve blood or stitches. Another is that, when an author describes something with the leadoff word, “interestingly,” it often isn’t. And a third is that one shouldn’t mislead bankruptcy judges. In two wonderfully written cases, bankruptcy judges made this...
CRITICAL CASE COMMENT: In re Balas
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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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