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.
Theresa L. Somers and Rosemary Caggiano, who were legally married in Vermont, filed jointly for Chapter 7 protection last October. In February, they filed a motion to sever their bankruptcy cases, saying that the office of the U.S. Trustee had advised them it would move to dismiss their bankruptcy on the grounds that their marriage was not recognized under DOMA and they could not file jointly.
