Legal Opinion
Peters v. Wise
Court of Appeals for the Tenth Circuit
Decided October 10, 2003No. 02-1482PublishedCited by 30 opinions
1Opinion of the Court
BRORBY, Senior Circuit Judge.
In this appeal we decide whether the spousal maintenance payments paid to debtor Darlene Jill Wise by her ex-husband within 180 days after the filing of her Chapter 7 bankruptcy petition are property of the bankruptcy estate under 11 U.S.C. § 541(a)(5)(B) and therefore must be turned over to the Chapter 7 Trustee, M. Stephen Peters. Both the bankruptcy court and the district court held these post-petition maintenance payments were not property of the bankruptcy estate under § 541(a)(5)(B). We affirm. 1
The facts in this case are straightforward and undisputed. On…
2Cases cited21 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- United States National Bank v. Independent Insurance Agents of America, Inc.Supreme Court of the United States · 1993
- Barnhart v. Sigmon Coal Co.Supreme Court of the United States · 2002
- National Organization for Women, Inc. v. ScheidlerSupreme Court of the United States · 1994
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3Cited by30 opinions
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- Wyodak Resources Development Corp. v. United StatesCourt of Appeals for the Tenth Circuit · 2011
- Udell v. Kansas Counselors, Inc.District Court, D. Kansas · 2004
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