In re Simmons

584 B.R. 295
CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedMay 17, 2018
Docket18 B 03147
StatusPublished

This text of 584 B.R. 295 (In re Simmons) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Simmons, 584 B.R. 295 (Ill. 2018).

Opinion

Deborah L. Thorne, United States Bankruptcy Judge

Porsha Simmons and Linda Nova (the "Debtors") filed a joint petition under chapter 13 of the Bankruptcy Code on February 5, 2018. On March 5, 2018, they attended their section 341 meeting with the office of the chapter 13 trustee, Marilyn Marshall. During the meeting, the Debtors were questioned about their marital status and responded by showing Ms. Marshall's attorney a copy of their "Certificate of Civil Union."1 It appears to the court that the Debtors have generally fulfilled all requirements to confirm their plan or will have by the date now set for confirmation. Ms. Marshall has, however, filed a motion to dismiss one of the joint Debtors for ineligibility as a result of not holding a certificate of marriage. The court finds that the Debtors are eligible to file a joint petition under chapter 13 and the motion to dismiss will be denied.

Discussion

I. Basis of Motion to Dismiss

Ms. Marshall argues in her motion that under section 302(a) of the Bankruptcy Code, a joint case may only be filed by "an individual that may be a debtor and such individual's spouse." She points out that the word "spouse" is not defined in the Bankruptcy Code and cites Merriam-Webster's dictionary, which states that the common definition of "spouse" is "married person: husband, wife." She further cites the United States Trustee's website, which considers "spouse" to be an individual who is lawfully married under any state law. UNITED STATES DEP'T JUSTICE, CONSUMER AND CREDITOR INFORMATION (Sept. 14, 2017), https://www.justice.gov/ust/consumer-information.

Ms. Marshall argues that because the Debtors do not possess a marriage certificate, but rather possess a Certificate of Civil Union, they are ineligible to file as joint Debtors under chapter 13. She further contends that because the Debtors did not convert their civil union to a marriage during the year in which this was possible under Illinois law, they are not legally married and, therefore, neither individual qualifies as a spouse under Illinois law. She seeks an order from this court dismissing one of the Debtors and requiring the dismissed Debtor to file an independent case.

II. Definition of Spouse under the Bankruptcy Code

The Bankruptcy Code provides in pertinent part that:

A joint case under a chapter of this title is commenced by the filing with the bankruptcy court of a single petition under such chapter by an individual that may be a debtor under such chapter and such individual's spouse .

11 U.S.C. § 302(a) (emphasis added). Section 109(e) further defines chapter 13 eligibility by reference to an individual debtor and his/her "spouse." See 11 U.S.C. § 109(e).

*297The Bankruptcy Code does not define "spouse," nor is there a comprehensive federal definition to be found elsewhere. See 1 U.S.C. § 7 ; United States v. Windsor , 570 U.S. 744, 749-52, 775, 133 S.Ct. 2675, 186 L.Ed.2d 808 (2013) (concluding that section 3 of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (1996) (codified at 1 U.S.C. § 7 ), is unconstitutional); De Leon v. Perry , 975 F.Supp.2d 632, 644 (W.D. Tex. 2014) (noting that the Supreme Court held section 3 of the Defense of Marriage Act to be unconstitutional), aff'd sub nom. De Leon v. Abbott , 791 F.3d 619 (5th Cir. 2015). Accordingly, the term "spouse" in the Bankruptcy Code is to be given its ordinary meaning. See Clark v. Rameker , --- U.S. ----, 134 S.Ct. 2242, 2246, 189 L.Ed.2d 157 (2014).

The dictionaries are uniform in stating that a "spouse" is a "husband," a "wife," or an individual who is "married."2 A "husband," in turn, is a "married man," a "wife" is a "married woman," and an individual is "married" when they are united in "wedlock," united in the "state of matrimony," or when they have a "husband" or "wife."3 "Wedlock" in turn means the "state of marriage,"4 state of "matrimony" means "the state of being married,"5 and, as can be inferred from the immediately preceding sentence, one has a "husband" or a "wife" when one is "married" to a man or to a woman, respectively.6 To determine whether one is a "spouse," then, under the ordinary meaning of that term in the Bankruptcy Code, the court must determine whether one is in the state of marriage with or in the state of being married to another individual.

An individual is in a state of marriage with another person based on the individual's status vis-à-vis the other person under state law. See, e.g. , State of Ohio ex rel. Popovici v. Agler , 280 U.S. 379, 383, 50 S.Ct. 154, 74 L.Ed. 489 (1930) ("[T]he whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the states and not to the laws of the United States ...."); see also *298Tkachik v. Comerica Inc. , No.

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Related

Ohio Ex Rel. Popovici v. Agler
280 U.S. 379 (Supreme Court, 1930)
Nationwide Mutual Insurance v. Darden
503 U.S. 318 (Supreme Court, 1992)
United States v. Windsor
133 S. Ct. 2675 (Supreme Court, 2013)
Perry v. Schwarzenegger
704 F. Supp. 2d 921 (N.D. California, 2010)
In Re Malone
50 B.R. 2 (E.D. Michigan, 1985)
Bone v. Allen (In Re Allen)
186 B.R. 769 (N.D. Georgia, 1995)
Wilson v. Cumis Insurance Society, Inc.
252 B.R. 739 (Eighth Circuit, 2000)
Gallagher v. Park West Bank and Trust Co.
921 F. Supp. 867 (D. Massachusetts, 1996)
Rockwood Holding Co. v. Department of Revenue
728 N.E.2d 519 (Appellate Court of Illinois, 2000)
Knight v. Superior Court
26 Cal. Rptr. 3d 687 (California Court of Appeal, 2005)
Clark v. Rameker
134 S. Ct. 2242 (Supreme Court, 2014)
Cleopatra DeLeon v. Gregg Abbott
791 F.3d 619 (Fifth Circuit, 2015)
Tkachik v. Comerica, Inc.
268 F. App'x 443 (Sixth Circuit, 2008)
Neyman, F. v. Buckley, F.
153 A.3d 1010 (Superior Court of Pennsylvania, 2016)
Rosengarten v. Downes
802 A.2d 170 (Connecticut Appellate Court, 2002)
In re Miller
511 B.R. 621 (W.D. Missouri, 2014)
In re Villaverde
540 B.R. 431 (C.D. California, 2015)
De Leon v. Perry
975 F. Supp. 2d 632 (W.D. Texas, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
584 B.R. 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-simmons-ilnb-2018.