Introducing ATLASLearn more
Legal Opinion

Cundiff v. Cundiff (In Re Cundiff)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided December 21, 1998No. BAP 98-8045PublishedCited by 39 opinions

1Opinion of the Court

OPINION

I.ISSUES ON APPEAL

The Appellee obtained a judgment in bankruptcy court determining that a debt owed to him by the Debtor for attorney fees in their divorce action is nondischargeable under 11 U.S.C. § 523(a)(5). Although the Debtor raises numerous issues on appeal, this appeal is controlled by the issue of standing. The Panel concludes that the Appellee lacks standing to bring this claim. Accordingly, the Panel vacates the bankruptcy court’s judgment with instructions to dismiss the complaint.

II.JURISDICTION AND STANDARD OF REVIEW

The Bankruptcy Appellate Panel of the Sixth Circuit has…

2Cases cited22 opinions

  1. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
  2. First Union Mortgage Corp. v. Eubanks (In Re Eubanks)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  3. Ed Vreugdenhill, D/B/A Menning Implement v. Navistar International Transportation Corporation, Formerly International Harvester CompanyCourt of Appeals for the Eighth Circuit · 1991
  4. Bankr. L. Rep. P 70,684 in the Matter of Rodney P. Miller v. Shallowford Community Hospital, Inc., Robert Trauner, TrusteeCourt of Appeals for the Eleventh Circuit · 1985
  5. Greater Cincinnati Coalition for the Homeless and Charles Gooden v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 1995

17 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Cash America Financial Services, Inc. v. Fox (In Re Fox)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
  2. Spenlinhauer v. O'DonnellCourt of Appeals for the First Circuit · 2001
  3. Van Aken v. Van Aken (In Re Van Aken)Bankruptcy Appellate Panel of the Sixth Circuit · 2005
  4. DiGeronimo v. Weissberg (In Re DiGeronimo)United States Bankruptcy Court, E.D. New York · 2006
  5. In re DeGrootBankruptcy Appellate Panel of the Sixth Circuit · 2012

34 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API