Bigelow v. Brown (In Re Brown)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• dismissing complaint to determine dischargeability as unnecessary where plaintiff is actually seeking to reclaim her property
• applying Illinois law to find a property right in the debtor's pension
• applying Illinois law to find a property right in the debtor’s pension
• where debtor-spouse had possession of pension payments he “holds that property interest of the nondebtor spouse as a constructive trustee for the benefit of the nondebtor spouse”
• “the QDRO merely served to enforce her preexisting property rights in the pension”
• “Even if the debtor spouse has actual possession of the pension plan or payments from the pension plan, the nondebtor’s interest in the pension plan is still that nondebtor spouse’s separate property and does not become property of the estate.”

Source: CourtListener parenthetical corpus (CC0).