Legal Opinion

McNierney v. McNierney (In Re McNierney)

United States Bankruptcy Court, S.D. Florida.

Decided February 3, 1989No. 18-25843PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

The debtor seeks a determination under 11 U.S.C. § 523(a)(5) that the portion of his IBM retirement and pension plan benefits designated as a community property interest of his ex-wife is dischargeable. The defendants have answered. The answer of the ex-wife asserts a counterclaim seeking relief alternatively under § 523(a)(5) or (6). In its answer, IBM asserts a counterclaim and a cross-claim for interpleader as a mere stakeholder. Each defendant seeks payment of its attorneys’ fees under the respective theory of its counterclaim. The matter…

2Cases cited7 opinions

  1. In Re Montgomery Hulon Harrell, Debtor, Montgomery Hulon Harrell v. Caryl Ann (Kaldenberg) Harrell SharpCourt of Appeals for the Eleventh Circuit · 1985
  2. In Re Jack David Held, Debtor. Ann F. Miller v. Jack David Held, in Re Robert Ray Held, Debtor. Ann F. Miller v. Robert Ray HeldCourt of Appeals for the Eleventh Circuit · 1984
  3. In Re Earl William Teichman, Debtor. Barbara F. Teichman, Cross-Appellant v. Earl William Teichman, Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1985
  4. Bankr. L. Rep. P 71,575 in Re Richard Laverne Chandler, Debtor. Richard Laverne Chandler v. Rachel ChandlerCourt of Appeals for the Fifth Circuit · 1987
  5. Borg-Warner Acceptance Corp. v. Simmons (In Re Simmons)United States Bankruptcy Court, S.D. Florida. · 1981

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3Cited by9 opinions

  1. Leslie v. Hart (In Re Hart)United States Bankruptcy Court, N.D. Indiana · 1991
  2. Farrow v. Farrow (In Re Farrow)United States Bankruptcy Court, M.D. Georgia · 1990
  3. Cleda D. Bush v. Alvin G. Taylor and Barbara F. TaylorCourt of Appeals for the Eighth Circuit · 1990
  4. Adamo v. Ledvinka (In Re Ledvinka)United States Bankruptcy Court, M.D. Georgia · 1992
  5. Sadowski v. Sadowski (In Re Sadowski)United States Bankruptcy Court, M.D. Georgia · 1992

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