Legal Opinion

Bendetti v. Gunness (In Re Gunness)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 16, 2014No. BAP CC-13-1099-KuBaPa; Bankruptcy SV 11-18699-VK; Adversary SV 11-01590-VKPublishedCited by 12 opinions

1Opinion of the Court

OPINION

KURTZ, Bankruptcy Judge.

INTRODUCTION

The debtor filed an adversary proceeding against her husband’s ex-wife and the ex-wife’s family law attorney seeking a determination that the debt she owes to the husband’s ex-wife is dischargeable. The bankruptcy court granted summary judgment in favor of the debtor, holding that neither 11 U.S.C. § 523(a)(5) 1 nor § 523(a)(15) apply to the debt. The ex-wife and her attorney appealed.

Because the debt lacks the requisite connection to “a spouse, former spouse, or child of the debtor ” (emphasis added), we agree with the bankruptcy court that §…

2Cases cited19 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  3. Bullock v. BankChampaign, N. A.Supreme Court of the United States · 2013
  4. In Re Theodore W. Spong, Debtor. Raymond J. Pauley v. Theodore W. SpongCourt of Appeals for the Second Circuit · 1981
  5. Ghomeshi v. SabbanCourt of Appeals for the Ninth Circuit · 2010

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3Cited by12 opinions

  1. Gill v. Kirresh (In Re Gill)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
  2. Rivera v. Orange County Probation Department (In Re Rivera)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  3. Sato v. Hanlon (In re Hanlon)United States Bankruptcy Court, D. Oregon · 2016
  4. Vaughn v. Vaughn (In re Vaughn), California Court of Appeal, 5th District2018
  5. Callie RamirezUnited States Bankruptcy Court, D. Idaho · 2022

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

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