[CLBS] RE: From the Desk of Jake Peterson

[Jeremy J. Gugino]

Jake's problem will be DOMA (Defense of Marriage Act) and Idaho's statutory
definition of marriage as a union of one man and one woman (which DOMA
allows states to do).  

In bankruptcy circles, at least one court has framed the issue as an Equal
Protection matter.  See In re Balas, 449 B.R. 567 (Bkrtcy.C.D.Cal. 2011).
Were this California, Jake would probably be okay.  If Jake wants to take
this on and there is any push-back from creditors, the UST or the court, it
will likely require an examination of different aspects of bankruptcy law,
Idaho state law, federal law and constitutional law.  Certainly a worthy
cause, but one that could require a lot of work. 

Jeremy J. Gugino
Ch. 7 Trustee
410 S. Orchard Street, Suite 144
Boise, ID 83705
208-342-1590


-----Original Message-----
From: clbs-bounces at admws.idaho.gov [mailto:clbs-bounces at admws.idaho.gov] On
Behalf Of Randal French
Sent: Thursday, April 26, 2012 9:45 AM
To: Patrick J. Geile; 'Bankruptcy list'
Cc: 'jake peterson'
Subject: [CLBS] RE: From teh Desk of Jake Peterson

So, seems to implicate the full faith and credit clause, Article 4 of the U.
S. Constitution, doesn't it?  Seems to me to be the subject matter of a
great article for the Commercial Law and Bk Section newsletter.  Ought to be
a clear cut issue on which Jake should prevail easily.  Or not.  Good luck,
Jake.

-----Original Message-----
From: clbs-bounces at admws.idaho.gov [mailto:clbs-bounces at admws.idaho.gov] On
Behalf Of Patrick J. Geile
Sent: Thursday, April 26, 2012 10:33 AM
To: 'Bankruptcy list'
Cc: 'jake peterson'
Subject: [CLBS] From teh Desk of Jake Peterson


Jake Peterson is looking for input on one joint filing chapter 13 for same
sex debtors.  Couple married in NY state.  Now living in Idaho.

Any direction, caselaw, etc.  he would receive will be appreciated.

I told Jake he would be working awfully hard for the no look fee amount the
court would approve, but to go for it nonetheless.



Patrick J. Geile
Foley Freeman PLLC
77 East Idaho Street, Suite 100
P.O. Box 10
Meridian, Idaho 83642
Direct line: (208) 947-1563
Phone:  (208) 888-9111
Fax:  (208) 888-5130
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