Moen v. Hull (In Re Hull)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
BRANDT, Bankruptcy Judge.
This appeal presents the puzzle of how the income of a non-debtor spouse in a community property state is to be considered on confirmation of the debtor’s chapter 13 1 plan. We conclude that, on the record before us, and under Washington community property law, the debtor’s interest in that income was improperly excluded. We reverse and remand.
I. FACTS
Appellant Lenard E. Moen is the owner of appellant Moen Industries, Inc. (jointly, “Moen”), which manufactures packaging machines. Appellee/debtor Kent Hull (“Hull”) was the president, a director, the sole…
2Cases cited20 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
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- In Re Eugene Wayne Koch, Debra Marie Nelson-Koch, Debtors. Barbara G. Stuart, United States Trustee v. Eugene Wayne Koch, Debra Marie Nelson-KochCourt of Appeals for the Eighth Circuit · 1997
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