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· 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 CourtListener

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.