Legal Opinion

McCoy v. Bank of America (In Re McCoy)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 26, 1990No. BAP No. SC-88-1802-AsPR, Bankruptcy No. 87-03326-H11PublishedCited by 11 opinions

1Opinion of the Court

ASHLAND, Bankruptcy Judge.

This appeal concerns the disbursement of the proceeds from the sale of the residence of the debtor and his non-debtor spouse. The bankruptcy court determined that the sale proceeds were community property, were property of the estate, and were liable for debts incurred by either spouse after separation but prior to the dissolution of the marriage and denied a motion for an order authorizing disbursement of one-half of the net proceeds to the non-debtor spouse. We reverse.

FACTS

The debtor, Jack S. McCoy (“debtor”), and appellant, Sheryl K. McCoy (“appellant”) married…

2Cases cited10 opinions

  1. In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
  2. In Re Marriage of BouquetCalifornia Supreme Court · 1976
  3. Don Kirshner, and Schumaier, Roberts & McKinsey v. Uniden Corporation of AmericaCourt of Appeals for the Ninth Circuit · 1988
  4. Harold J. Romain v. Admiral Harold Shear, Administrator of the Department of Transportation, Maritime AdministrationCourt of Appeals for the Ninth Circuit · 1986
  5. Credit Alliance Corp. v. Idaho Asphalt Supply, Inc. (In Re Blumer)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988

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3Cited by11 opinions

  1. General Electric Capital Auto Lease, Inc. v. Broach (In Re Lucas Dallas, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  2. Anderson v. ConineCourt of Appeals for the Fifth Circuit · 2000
  3. Campolieto Bielicki v. Anaya PortuondoSupreme Court of Puerto Rico · 1998
  4. Encino Business Management, Inc. v. Prize Frize, Inc. (In Re Prize Frize, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
  5. Gorman v. Cochrane (In Re Gorman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993

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