Legal Opinion
In Re Adams
United States Bankruptcy Court, D. Utah
Decided July 15, 1981No. 19-02026PublishedCited by 41 opinions
1Opinion of the Court
RALPH R. MABEY, Bankruptcy Judge.
The issue arising in this case concerns the extent of “property of the estate” in a Chapter 13 case. Where there exists a non-dischargeable obligation for alimony and support under § 523(a)(5), its collection, under § 362(b)(2), is excepted from the automatic stay insofar as satisfaction is sought from “property that is not property of the estate.” Out of what property, then, can such a debt be satisfied once a Chapter 13 petition has been filed?
The facts of this case are as follows. The debtor filed a Chapter 13 petition and obtained confirmation of his…
2Cases cited5 opinions
- In Re BurenDistrict Court, M.D. Tennessee · 1980
- In Re HaagUnited States Bankruptcy Court, D. Oregon · 1980
- Public Finance Corp. v. Lantz (In Re Lantz)United States Bankruptcy Court, S.D. Ohio · 1980
- In Re StarkUnited States Bankruptcy Court, N.D. Ohio · 1981
- In Re DevallUnited States Bankruptcy Court, M.D. Alabama · 1980
3Cited by41 opinions
- Schewe v. Fairview Estates (In Re Schewe)United States Bankruptcy Court, W.D. Michigan · 1989
- Riddle v. Aneiro (In Re Aneiro)United States Bankruptcy Court, S.D. California · 1987
- The Security Bank of Marshalltown, Iowa, a Creditor of Robert v. Brown and Sue A. Brown, Debtors v. Donald F. NeimanCourt of Appeals for the Eighth Circuit · 1993
- Price v. United States (In Re Price)District Court, N.D. Illinois · 1991
- City of Chicago v. Fisher (In Re Fisher)District Court, N.D. Illinois · 1997
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