Legal Opinion

Mele v. Mele (In Re Mele)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 5, 2013No. BAP WW-13-1173-DTaKu; Bankruptcy 11-24015-MLB; Adversary 12-01271-MLBPublishedCited by 28 opinions

1Opinion of the Court

OPINION

DUNN, Bankruptcy Judge.

Chapter 13 1 debtor John Peter Mele (“John”) 2 appeals the bankruptcy court’s decision excepting from his discharge part of a Washington state court (“State Court”) property allocation judgment entered in marital dissolution proceedings with his former wife, Kimberly Mele (“Kimberly”), under § 523(a)(4). We REVERSE.

I. FACTUAL BACKGROUND

The underlying facts in this appeal are not in dispute, 3 and they reflect a distressing but, unfortunately, all-too-common scenario.

The parties were married for nineteen years. They separated in April 2007 and divorced on April…

2Cases cited32 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  3. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  4. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
  5. Gleason v. ThawSupreme Court of the United States · 1915

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3Cited by28 opinions

  1. Plyam v. Precision Development, LLC (In Re Plyam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  2. Larson v. Bayer (In re Bayer)United States Bankruptcy Court, E.D. Pennsylvania · 2014
  3. Heers v. Parsons (In Re Heers)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  4. Calderon v. Lang (In Re Calderon)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  5. County of Imperial Treasurer-Tax Collector v. Stadtmueller (In Re RW Meridian LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2017

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