A bankruptcy judge has denied a U.S. Trustee’s motion to dismiss a joint petition brought by a lesbian couple in Fallsburg because it is contrary to the Federal Defense of Marriage Act, an argument that the judge said had no bearing on bankruptcy law.
Southern District Bankruptcy Judge Cecelia G. Morris ruled last week in In re Somers and Caggiano, 10-38296, that the non-recognition of the couple’s marriage under DOMA did not have anything to do with whether allowing the bankruptcy to continue would prejudice their creditors, and thus was not cause for dismissal. She did not address the constitutionality of DOMA.
