Ryan v. Diafos

— Nick Diafos appeals an order of garnishment in favor of Robert Ryan on a judgment arising out of the *761parties’ settlement of an adversary proceeding in Diafos’ bankruptcy. Ryan cross-appeals an order quashing his garnishment of the bank account of Diafos’ wife. Because the adversary action sounded in tort, we hold that the judgment is a tort judgment, allowing Ryan to collect against Diafos’ one-half interest in any personal community property of Diafos’ marriage in the event that insufficient separate property exists to satisfy the claim.

I

Nick Diafos was the owner of financially troubled…