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IN RE SOMERS

No. 10-38296.

448 B.R. 677 (2011)

In re Theresa L. SOMERS and Rosemary Caggiano, Debtors.

United States Bankruptcy Court, S.D. New York.

May 4, 2011.

Attorney(s) appearing for the Case

Kirk O. Orseck , Orseck Law Offices PLLC, Liberty, NY, for Debtors.

Lisa M. Penpraze , Office of United States Trustee, Albany, NY, for the United States Trustee.

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 "improper 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...

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