Legal Opinion

Mehlhaff v. Allred (In re Mehlhaff)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided June 4, 2013No. BAP No. 13-6012PublishedCited by 9 opinions

1Opinion of the Court

FEDERMAN, Chief Judge.

Debtor Laura Elizabeth Mehlhaff appeals from the Bankruptcy Court’s Order1 finding that her prepetition claim against her former spouse for alimony is property of her bankruptcy estate, and ordering her to turn that claim over to the Trustee. For the reasons that follow, we AFFIRM.

*900FACTUAL BACKGROUND

At the time the Debtor filed her Chapter 7 bankruptcy petition on June 19, 2012, the Debtor’s former spouse was obligated under a prepetition divorce decree to pay her alimony in the amount of $200 per month until their minor child turns eighteen years old. According to the…

2Cases cited25 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Patterson v. ShumateSupreme Court of the United States · 1992
  3. In Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis and Crittenden Abstract & Title Co., Inc. Chicago Title Insurance Company, Intervenor, in Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis, Crittenden Abstract & Title Co., Inc., Chicago Title Insurance Company, IntervenorCourt of Appeals for the Eighth Circuit · 1985
  4. Sander v. Geib, Elston, Frost Professional Ass'nSouth Dakota Supreme Court · 1993
  5. Peterson v. PetersonSouth Dakota Supreme Court · 1989

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3Cited by9 opinions

  1. Kelley v. Opportunity Finance, LLC (In re Petters Co.)United States Bankruptcy Court, D. Minnesota · 2016
  2. Farmers Bank & Trust Co. v. Chickasaw Properties, LLC (In re Burrow)United States Bankruptcy Court, E.D. Arkansas · 2013
  3. In re BrooksUnited States Bankruptcy Court, C.D. Illinois · 2013
  4. In re KooiUnited States Bankruptcy Court, W.D. Michigan · 2016
  5. Gordon v. Millette (In re Millette)United States Bankruptcy Court, D. New Hampshire · 2015

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