Legal Opinion
Esparsen v. Esparsen (In re Esparsen)
United States Bankruptcy Court, D. New Mexico
Decided February 4, 2016No. 15-11414 ta7; Adv. No. 15-1065 tPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
Hon. David T. Thuma, United States Bankruptcy Judge
In this adversary proceeding the Debt- or-Plaintiff askes the Court to determine that certain amounts owed to Defendants are dischargeable because they were not incurred in the course of a divorce or separation as required by § 523(a)(15).1 Before the Court is Defendants’ motion to dismiss the adversary proceeding for failure to state a claim upon which relief can be granted. The matter has been fully briefed. For the reasons set forth below, the motion will be granted.
I. Standard for Evaluating a Motion to Dismiss
Rule2…
2Cases cited34 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
- Gene S. Jacobsen, and Cross-Appellee v. Deseret Book Company, a Utah Corporation Dean Hughes, AndCourt of Appeals for the Tenth Circuit · 2002
- Mobley v. McCormickCourt of Appeals for the Tenth Circuit · 1994
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3Cited by5 opinions
- Montoya v. FergusonUnited States Bankruptcy Court, D. New Mexico · 2022
- Norberg v. Knorr NorbergUnited States Bankruptcy Court, D. North Dakota · 2019
- Payne v. PayneUnited States Bankruptcy Court, N.D. Texas · 2022
- Payne v. PayneUnited States Bankruptcy Court, N.D. Texas · 2022
- Steven Darshune HarrisonUnited States Bankruptcy Court, D. New Mexico · 2023