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View Diary: DOJ/ US Trustee Seeks To File Appeal of CA Bankruptcy Court's DOMA Ruling (97 comments)

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  •  Almost. Bankruptcy Appellate Panels (2+ / 0-)
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    andgarden, Armando

    are made up of bankruptcy judges, not district judges. While their decisions are not binding precedent, they are treated (at least in the 9th) as extremely persuasive by the bankruptcy courts. They are given a lot of deference in the Art III courts on bankruptcy matters but would of course not be given any special weight on constitutional matters. Beyond the bankruptcy judges in CDCal making it clear that making a legally married couple proceed separately is inefficient and serves no bankruptcy-related purpose, the 20-judge opinion is unlikely to matter to a reviewing court.

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