In re Balas and Morales

Debtors' Response to United States Trustee's Motion to Dismiss Appeal


Debtors' responsive pleading filed with the Ninth Circuit Court of Appeal in response to the United States Trustee's Motion to Dismiss Appeal from decision of the United States Bankruptcy Court for the Central District of California finding the the Defense of Marriage Act (DOMA) was unconstitutional.

Debtors consent to motion to dismiss where United States Trustee had announced a change in national policy whereby United States Trustee, as an agency of the Department of Justice, would no longer file or prosecute dismissal of joint bankruptcy case filings by same sex married couples.

The House Bipartisan Law Advisory Group (BLAG) failed to file any pleadings in the bankruptcy case in defense of DOMA. In response to the ground breaking decision of the Central District Bankruptcy judges the BLAG took the position that "Bankruptcy cases are unlikely to be the path to the Supreme Court..."

The Ninth Circuit has yet to rule on the pending appeal from the United States District Court for the Northern District of California regarding the constitutionality of California's Proposition 8 outlawing same sex marriage in California. Will the Balas and Morales decision impact the Ninth Circuit or the appellate parties in the Proposition 8 appeal?

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Reference Info:Pleadings | Federal, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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