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Legal Opinion

Paul Ruitenberg, III v.

Court of Appeals for the Third Circuit

Decided March 13, 2014No. 13-2175PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

AMBRO, Circuit Judge.

We decide whether Candace Ruiten-berg’s interest in an equitable share of marital property pending her divorce from Paul Ruitenberg, III is a pre-petition “claim” against Paul’s bankruptcy estate. The issue has divided Bankruptcy Courts in our Circuit.

Paul filed for bankruptcy under Chapter 7 of the Bankruptcy Code, and Thomas J. Orr was appointed as the Trustee of the bankruptcy estate. Before that filing, Paul and Candace were in divorce proceedings in New Jersey state court. No final judgment of divorce existed when Paul filed his bankruptcy…

2Cases cited12 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
  3. Federal Communications Commission v. Nextwave Personal Communications Inc.Supreme Court of the United States · 2003
  4. In Re KaneCourt of Appeals for the Third Circuit · 2010
  5. Carr v. CarrSupreme Court of New Jersey · 1990

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3Cited by19 opinions

  1. In re PittmanUnited States Bankruptcy Court, E.D. Pennsylvania · 2016
  2. Phoenician Mediterranean Villa, LLC v. SwopeDistrict Court, W.D. Pennsylvania · 2016
  3. Sikirica v. Harber (In re Harber)United States Bankruptcy Court, W.D. Pennsylvania · 2016
  4. Shovlin v. KlaasDistrict Court, W.D. Pennsylvania · 2015
  5. Walsh v. DivelyDistrict Court, W.D. Pennsylvania · 2016

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