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


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