CALIFORNIA FAMILY LAW
...
Bankruptcy
......Dismissal
4 Cards On This Topic:
Court may refuse to grant discharge if debtor transferred property to hinder, delay, or defraud a creditor.
Where actual transfer of residence to W in MSA was over a year prior to bankruptcy, delayed recording of quitclaim not basis to deny H's discharge.
Bankr. court properly dismisses Chap. 11 filed by debtor to avoid paying judgment to ex-H; fees and costs as sanctions restitutionary not punitive.
DOMA violates same-sex, married debtors' EP rights under 5th Amend. DP clause either under heightened scrutiny or rational basis review—there is no valid governmental basis for DOMA.