Legal Opinion

Fellner v. Fellner (In Re Fellner)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided January 24, 2001No. 00-6102EAPublishedCited by 19 opinions

1Opinion of the Court

ROGER, Chief Judge.

Debtor Samuel Jesse Fellner appeals from the judgment of the Bankruptcy Court 1 determining that certain debts he was ordered to pay pursuant to his divorce decree were excepted from his discharge under 11 U.S.C. § 523(a)(15). Because the Bankruptcy Court applied the correct legal standard and its findings of fact were not clearly erroneous, we affirm.

Factual Background

Samuel Fellner and Kim Fellner were divorced on July 13, 1999. Among other things, the divorce decree provided that each party was to pay certain individual and marital debts. As relevant here, the divorce…

2Cases cited9 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. In Re Gregory A. Lemaire, Debtor. Paul Handeen v. Gregory A. LemaireCourt of Appeals for the Eighth Circuit · 1990
  4. In Re: Broadview Lumber Co., Inc.Court of Appeals for the Eighth Circuit · 1997
  5. Chamberlain v. Kula (In Re Kula)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997

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3Cited by19 opinions

  1. Brasher v. Turner (In Re Turner)Bankruptcy Appellate Panel of the Tenth Circuit · 2001
  2. Grunwald v. Beck (In Re Beck)United States Bankruptcy Court, W.D. Missouri · 2003
  3. Beggs v. Niewdach (In Re Beggs)United States Bankruptcy Court, E.D. Arkansas · 2004
  4. Mesenbrink v. Eiklenborg (In Re Eiklenborg)United States Bankruptcy Court, N.D. Iowa · 2002
  5. Sturdivant v. Sturdivant (In Re Sturdivant)United States Bankruptcy Court, W.D. Arkansas · 2003

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