In re Balas & Morales (Bankr. C.D. Cal.)

Debtors' Opposition to the U.S. Trustee's Motion to Dismiss and Response to Confirmation Objection


Series of court filings from In re Balas & Morales, the California case in which twenty bankruptcy judges jointly signed an opinion striking down the federal Defense of Marriage Act (DOMA) as unconstitutional to the extent it barred lawfully married same-sex couples from filing joint bankruptcy petitions.

This document is the debtors' opposition to the U.S. Trustee's motion to dismiss their joint case. It sets out three arguments why DOMA cannot constitutionally be applied, and includes supporting declarations from both of the debtors. This is the primary legal brief submitted in the case.

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Published In: Bankruptcy Updates, Civil Rights Updates, Constitutional Law Updates

Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, 9th Circuit, California | United States