WASHINGTON
In re Kandu
In 2003, two Washington women, who had celebrated a marriage in Canada, filed a joint petition for bankruptcy under Chapter 7 of the federal bankruptcy law.
The federal bankruptcy court refused to recognize the women's Canadian marriage as entitling them to file jointly as spouses because of the opposite-sex definition of marriage contained in the federal Defense of Marriage Act.
The petitioners challenged the constitutionality of that Act, but the bankruptcy court upheld it. The court then ordered the joint petition dismissed unless the petitioners filed a motion to bifurcate. Although the petitioners also challenged the constitutionality of Washington's defense of marriage act, the court postponed consideration of that challenge.
The petitioners appealed to federal district court. That court agreed to delay the proceedings until Washington state courts adjudicated pending constitutional challenges to the state's defense of marriage act. After the state high court rejected those challenges, see Andersen v. King County, 138 P.3d 963 (Wash. 2006), the federal district court ultimately dismissed the appeal in Kandu for failure to prosecute.
The federal bankruptcy court then resumed its proceedings and, having received no motion to bifurcate, dismissed the joint petition in late 2006.
Documents
Bankruptcy Court
- Petition (Oct. 31, 2003) (available through PACER)
- Show Cause Order (Dec. 5, 2003)
- Memorandum in Support of Debtors Joint Filing (Apr. 20, 2004)
- Response of the United States Trustee to Show Cause Order (May 21, 2004)
- Reply of Pet'r Kandu to Show Cause Order (June 4, 2004)
- Decision (Aug. 17, 2004) (315 B.R. 123 (Bankr. W.D. Wash. 2004)) (No. 03-51312)
- Notice of Appeal (Aug. 26, 2004)
- Motion for Stay of Judgment Pending Appeal (Aug. 26, 2004) (granted Nov. 5, 2004)
Federal District Court
- Notice of Transmittal of Appeal (Aug. 30, 2004)
- Show Cause Order (Oct. 2, 2006)
- Order of Dismissal (Oct. 26, 2006) (No. C04-5544-FDB (W.D. Wash.))
Bankruptcy Court
- Order of Dismissal (Dec. 6, 2006)
More Information
- Alliance Defense Fund: Kandu