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· 7/11/1988

In Re John Paul White, Debtor, John Paul White v. Patricia Ann White

Citations

  • 851 F.2d 170
  • 1988 U.S. App. LEXIS 9350
  • 18 Bankr. Ct. Dec. (CRR) 60
  • 1988 WL 70179

How courts have described this case

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

  • holding that \[i]t is appropriate for bankruptcy courts to avoid inva- sions into family law matters\
  • noting that when the automatic stay is lifted in bankruptcy court proceedings, state courts may divide marital property, including property in a spouse’s bankruptcy estate
  • affirming the bankruptcy court’s decision to lift the stay to allow divorce proceedings brought by [debtor’s] wife to proceed in state court
  • No per se rule to lift the stay established in cases involving domestic relations when the bankruptcy court suspects collusion between the spouses.
  • state law defines a debtor’s interest in property and suggesting that bankruptcy court cannot review 39 or reject state court’s allocation of marital estate
  • “We affirm the decision to lift the stay under the circumstances here because we are concerned that the Bankruptcy Code could otherwise be abused as a weapon in a marital dispute.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wellford, Norris, Cook

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.