DOMA will not cause a same-sex joint bankruptcy to be dismissed

The Defense of Marriage Act will not cause a bankruptcy filed by a same-sex couple to be dismissed. In a recent ruling out of the the Southern District of New York a bankruptcy judge declined to dismiss a joint bankruptcy case filed by a same-sex couple at the request of the U.S. Trustee. The same-sex couple had been married in Vermont then filed bankruptcy in New York where they lived shortly afterwards. Section 302(a) of the Bankruptcy Code allows a married couple to file a petition together as long as they both qualify.

The Court ruled that the case cannot be dismissed because a dismissal would not be in the best interests of the debtors or their creditors.

In re Theresa L. Somers and Rosemary Caggiano 21 CBN 830 (Bankr. S.D.N.Y. 2011)

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