· 8/14/1998
Schachter v. Lefrak (In Re Lefrak)
Citations
- 223 B.R. 431
- 40 Collier Bankr. Cas. 2d 805
- 1998 Bankr. LEXIS 1010
- 33 Bankr. Ct. Dec. (CRR) 69
- 1998 WL 480842
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that “if bankruptcy intervenes prior to the divorce decree, the bankruptcy cuts off the inchoate right in ‘marital property,’ and leaves the nondebtor spouse with an unsecured claim”
- determining that the bankruptcy court had authority to order turnover compelling non-debtor wife of debtor to surrender cooperative apartment formerly owned by debtor in the absence of a possessory interest granted by valid agreement or decree
- “[I]f bankruptcy intervenes prior to the divorce decree, the bankruptcy cuts off the inchoate right in ‘marital property,’ and leaves the nondebtor spouse with an unsecured claim.”
- “[I]f bankruptcy intervenes prior to the divorce decree, the bankruptcy cuts off the inchoate right in ‘marital property,’ and leaves the nondebtor spouse with an unsecured claim.”
- “If the state court enters a divorce decree, makes an equitable distribution award and transfers title to the nondebtor spouse prior to bankruptcy, the property will not become property of the debtor spouse’s estate.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Stuart M. Bernstein
Read full opinion on CourtListenerSourced 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.