Legal Opinion
Robert J. Musso v. Tanya Ostashko
Court of Appeals for the Second Circuit
Decided November 6, 2006No. 05-6935 BKPublishedCited by 57 opinions
1Per curiam
Despite the complicated procedural history of this case and its related state court proceedings, the issue before this Court is relatively straightforward: When marital assets have been awarded to the wife in a state court matrimonial proceeding, are those assets nevertheless part of the husband’s bankruptcy estate if a Chapter 7 petition is filed after the state court’s decision but before the state court judgment is entered? The bankruptcy court ruled that, in New York, an equitable right to marital property does not arise until entry of the judgment awarding equitable distribution and,…
2Cases cited25 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Pepper v. LittonSupreme Court of the United States · 1939
- Rexnord Holdings, Inc. v. Maurice BidermannCourt of Appeals for the Second Circuit · 1994
- Taylor v. Standard Gas & Electric Co.Supreme Court of the United States · 1939
- HBE Leasing Corp. v. FrankCourt of Appeals for the Second Circuit · 1995
20 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- In Re Salander O'Reilly GalleriesUnited States Bankruptcy Court, S.D. New York · 2011
- Commodity Futures Trading Commission v. WalshCourt of Appeals for the Second Circuit · 2010
- Enron Corp. v. Springfield Associates, L.L.C. (In Re Enron Corp.)District Court, S.D. New York · 2007
- Taub v. Taub (In Re Taub)United States Bankruptcy Court, E.D. New York · 2010
- Pangea Capital Mgmt., LLC v. LakianCourt of Appeals for the Second Circuit · 2018
52 more not listed; retrieve them via the Exa API.