University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name In re Bolas and Morales PB-CA-0037
Docket / Court 2:11-bk-17831 TD Ch. 13 ( C.D. Cal. )
State/Territory California
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
Debtors are a legally married same-sex couple in California. They filed a joint petition for relief under Chapter 13 of the Bankruptcy Code on February 24, 2011, and the U.S. Trustee moved to dismiss, arguing that their marriage should not be recognized by the court because of the federal Defense ... read more >
Debtors are a legally married same-sex couple in California. They filed a joint petition for relief under Chapter 13 of the Bankruptcy Code on February 24, 2011, and the U.S. Trustee moved to dismiss, arguing that their marriage should not be recognized by the court because of the federal Defense of Marriage Act (DOMA). In an opinion signed by 20 judges, the U.S. Bankruptcy Court of the Central District of California held on June 13, 2011, that DOMA could not survive heightened scrutiny under the Equal Protection Clause, and therefore did not bar the two debtors from filing a joint petition and seeking relief as joint debtors. The U.S. Department of Justice first filed a notice of appeal, but quickly dismissed that appeal; in July 2011, the DOJ notified bankruptcy courts that it will no longer try to dismiss bankruptcy petitions jointly filed by same-sex couples married under state law. The bankruptcy petition then proceeded.

Darren Miller - 11/27/2012


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Equal Protection
Discrimination-basis
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action None on record
Defendant(s) United States Trustee
Plaintiff Description Plaintiffs are a married same-sex couple in California who are debtors filing a joint petition for Chapter 13 bankruptcy.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2011
Case Ongoing No
Additional Resources
click to show/hide detail
Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple‚Äôs 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
2:11-BK-17831 (C.D. Cal.) 01/02/2015
PB-CA-0037-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum of Decision of the U.S. Bankruptcy Court for the Central District of California 06/13/2011 (449 B.R. 567) (C.D. Cal.)
PB-CA-0037-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Dismissing Appeal 07/11/2011 (C.D. Cal.)
PB-CA-0037-0002.pdf | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Lively, Peter M. (California)
PB-CA-0037-9001
Pfister, Robert J. (California)
PB-CA-0037-9001
Defendant's Lawyers Yip, Hatty K. (California)
PB-CA-0037-9001
Other Lawyers Hayes, M. Jonathan (California)
PB-CA-0037-9001
McCarroll, Scott D. (Pennsylvania)
PB-CA-0037-0001

- click to show/hide ALL -

new search
page permalink

- top of page -