Legal Opinion

In re Grillot

United States Bankruptcy Court, D. Kansas

Decided December 21, 2017No. Case No. 16-11262PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION

Robert E. Nugent, United States Bankruptcy Judge

A guaranty of a business debt is generally not a consumer debt, In this chapter 7 case, the creditor contends that the debtor agreed to guarantee his estranged wife’s company’s industrial revenue bond obligations in connection with a commercial development project in exchange for her waiver of spousal support. Because spousal support is usually a consumer debt for Bankruptcy Code purposes, the guaranty holder asserts the debtor incurred the guaranty debt for “consumer purposes” and that it should count as such in determining…

2Cases cited16 opinions

  1. In Re Robert J. KESTELL, Debtor. Robert J. KESTELL, Plaintiff-Appellant, v. Janet A. KESTELL, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1996
  2. Stewart v. United States Trustee (In Re Stewart)Court of Appeals for the Tenth Circuit · 1999
  3. In Re Lorraine B. Runski, Debtor. Cypher Chiropractic Center, Creditor-Appellant v. Lorraine B. Runski, Debtor-AppelleeCourt of Appeals for the Fourth Circuit · 1996
  4. In Re WhiteUnited States Bankruptcy Court, W.D. North Carolina · 1985
  5. In Re Randall Clark Burns and Deborah A. Burns, Debtors. Citizens National Bank v. Randall Clark BurnsCourt of Appeals for the Tenth Circuit · 1990

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3Cited by5 opinions

  1. In re MillardUnited States Bankruptcy Court, D. Utah · 2018
  2. In re: Justin Andrew DeJarnett and Melissa Nicole DeJarnettUnited States Bankruptcy Court, W.D. Oklahoma · 2026
  3. Jesse C CampaynoUnited States Bankruptcy Court, W.D. Pennsylvania · 2022
  4. Jody Garcia and Richard GarciaUnited States Bankruptcy Court, D. New Mexico · 2019
  5. Robert Brett KramerUnited States Bankruptcy Court, N.D. Oklahoma · 2020

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