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First Decision on DOMA's Constitutionality
On Aug. 17, a bankruptcy judge in Washington State became the first federal judge in the country to rule on the constitutionality of the federal Defense of Marriage Act (DOMA), 1 U.S.C. ' 7. U.S. Bankruptcy Judge Paul B. Snyder held in In re Kandu, No. 03-51312, 2004 Bankr. LEXIS 1233 (8/17/04) that DOMA was not unconstitutional. And, while it may seem that a law this contentious should have garnered at least a few case-law decisions in the 8 years following its enactment, the Kandu case has become the unlikely first because previous litigants lacked standing; they had not actually been married to a same-sex partner. However, debtors Lee Kandu and Ann C. Kandu, two American citizens, were legally married in British Columbia, Canada, on Aug. 11, 2003.
On Oct. 31, 2003, Lee Kandu filed pro se a voluntary bankruptcy petition for relief under Title 11, Chapter 7. Ann C. Kandu was listed on the petition as a joint debtor. On Dec. 5, 2003, the court filed an Order to Show Cause for Improper Joint Filing of unmarried individuals. (Although Ann C. Kandu died in early 2003, her death did not render the case's decision moot under the bankruptcy code.) The remaining debtor, Lee Kandu, filed a Memorandum in Support of Debtors' Joint Filing on April 20, 2004, challenging the constitutionality of DOMA.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?