· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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