In Re Clarence Oral Calhoun Fdba Bimbo's Place, Debtor. Jo Ann Long Fka Jo Ann Calhoun v. Clarence Oral Calhoun Fdba Bimbo's Place

How courts have described this case

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

• holding that the non-debtor spouse has the burden of proving nondischargeability
• stating that the application of the wrong legal standard, and the district court’s misallocation of the burden of proof, would be reviewed de novo
• stating that the application of the wrong legal standard, and the district court’s misallocation of the burden of proof, would be reviewed de novo
• inquiring into (1) “whether the state court or the parties to the divorce intended to create an obligation to provide support”; (2) “whether [a loan] assumption has the effect of providing that the daily needs of the former spouse and any children of the marriage are satisfied”; and (3
• maintenance or support is not broad enough to encompass joint debts, which if paid by one provides the other funds with which to support himself or herself
• the initial inquiry must be to ascertain whether the state court or the parties to the divorce intended to create an obligation

Source: CourtListener parenthetical corpus (CC0).