In Re Somers
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MEMORANDUM DECISION DENYING MOTION TO DISMISS
CECELIA G. MORRIS, Bankruptcy Judge.
This matter came before the Court pursuant to the United States Trustee’s motion to dismiss the Debtors’ case under section 11 U.S.C. § 707(a), as an “improp er joint petition” pursuant to the Defense of Marriage Act. Section 707(a) permits the bankruptcy court to dismiss a chapter 7 bankruptcy case “only for cause.” Having considered the pleadings submitted and the record of the Debtors’ bankruptcy case and after notice and a hearing held on May 3, 2011, the Court has determined that insufficient cause exists to…
2Cases cited12 opinions
- Washington v. GlucksbergSupreme Court of the United States · 1997
- Loving v. VirginiaSupreme Court of the United States · 1967
- Kramer v. Time Warner IncCourt of Appeals for the Second Circuit · 1991
- In the Matter of Atlas Supply Corporation, Debtor. Gail Lee Peterson v. Atlas Supply CorporationCourt of Appeals for the Fifth Circuit · 1988
- In the Matter of Ulyssus George Wade, Joyce Wade, and U.G. Wade Trucking, Inc., Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1993
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