Legal Opinion

In Re Kimmel

United States Bankruptcy Court, N.D. California

Decided April 11, 2007No. 05-35269PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION REGARDING CREDITOR’S POST-DISCHARGE ATTEMPTS TO COLLECT JUDGMENT

DENNIS MONTALI, Bankruptcy Judge.

A debtor’s discharge in bankruptcy would not do her much good if her pre-petition creditors could still garnish her wages to pay their claims. The creditor in this case has a creative theory for doing just that: he argues that her discharge did not affect his claim against her husband, that her husband had an interest in her wages as community property, and that her husband fraudulently transferred that interest to her by entering into a postnup-tial agreement. The creditor’s…

2Cases cited23 opinions

  1. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  2. In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
  3. Ruvacalba v. Munoz (In Re Munoz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  4. Reddy v. GonzalezCalifornia Court of Appeal · 1992
  5. Annod Corp. v. Hamilton & SamuelsCalifornia Court of Appeal · 2002

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3Cited by1 opinion

  1. Kelley v. Dahle-Fenske (In re Dahle-Fenske)United States Bankruptcy Court, E.D. Wisconsin · 2015

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