In re Villaverde

MEMORANDUM DECISION ON CHAPTER 13 TRUSTEE’S ORAL OBJECTION TO CONFIRMATION AND MOTION TO DISMISS

Before the court is the chapter 13 1 trustee’s (the “Trustee”) oral objection to eon-firmation of a chapter 13 plan and motion to dismiss the bankruptcy case filed by the debtors Elaine Villaverde and Karen Hight (the “Debtors”), a same-sex couple registered as domestic partners in California, on the grounds that the Debtors are not considered “spouses” eligible to file a joint petition under the Bankruptcy Code. For the reasons set forth below, the court agrees with the Trustee’s eligibility argument and concludes that domestic partners cannot be considered “spouses” for bankruptcy purposes following the recent legalization of same-sex marriage in California and throughout the country.

1. FACTUAL BACKGROUND.

The Debtors are two women in a same-sex relationship. In June 2004, they registered their domestic partnership with the California Secretary of State’s Domestic Partners Registry. At that time, the state of California regrettably did not allow or recognize same-sex marriage. If it had been legal then, the Debtors acknowledged that they would have gotten married. They remain…