In Re Lucero

OPINION ON DISMISSAL OF UNMARRIED CO-DEBTOR

SAMUEL L. BUFFORD, Bankruptcy Judge.

I. Introduction

This case raises the issue of whether the court may cure the misjoinder of two unmarried debtors in a joint bankruptcy petition by dismissing one of the petitioners and permitting the remaining case to proceed. The court finds that dismissing a single codebtor and allowing the other debtor to proceed as a single petitioner is appropriate in light of relevant case law and pursuant to the court’s inherent powers and authority under § 105(a). 1

The court further holds that this case does not count as a…