Legal Opinion
Bone v. Allen (In Re Allen)
United States Bankruptcy Court, N.D. Georgia
Decided October 3, 1995No. 14-63491PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OF OPINION
ARMAND DAVID KAHN, Bankruptcy Judge.
This contested matter calls upon the Court to interpret the word “spouse” as used in § 302 of the Bankruptcy Code (11 U.S.C. § 302), which governs the filing of a joint petition in bankruptcy. Specifically, the issue before the Court is: Can a same sex couple qualify as a debtor and spouse within the meaning of § 302? The Court finds this matter to be a core proceeding pursuant to 28 U.S.C. § 157(b)(2).
I. Procedural Background
The Debtors filed their joint petition for relief under Chapter 13 of the Bankruptcy Code on March 22, 1995. The…
2Cases cited14 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Bowers v. HardwickSupreme Court of the United States · 1986
- United States v. KrasSupreme Court of the United States · 1973
- In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983
- Baehr v. LewinHawaii Supreme Court · 1993
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3Cited by4 opinions
- In Re SomersUnited States Bankruptcy Court, S.D. New York · 2011
- Stancil v. Bradley Investments, LLC (In re Stancil)United States Bankruptcy Court, District of Columbia · 2012
- In Re LuceroUnited States Bankruptcy Court, C.D. California · 2009
- In re SimmonsUnited States Bankruptcy Court, N.D. Illinois · 2018