Legal Opinion
In re Kiley
United States Bankruptcy Court, D. Utah
Decided December 4, 2018No. Bankruptcy Number: 15-27838Published
1Opinion of the Court
KEVIN R. ANDERSON, U.S. Bankruptcy Judge
The matter before the Court is the Objection to Debtor's Amended Claim of Exemption (hereinafter the "Trustee's Objection") filed by the Chapter 7 Trustee assigned to the above-captioned bankruptcy case, Mary M. Hunt.1 The issues are: (1) what constitutes property of the estate when a divorce is filed pre-petition, but a divorce decree is entered post-petition; and (2) what portion, if any, of a divorce award in the value of the ex-spouse's ERISA-qualified retirement plan is excluded from property of the estate or is otherwise exempt? The events…
2Cases cited27 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Patterson v. ShumateSupreme Court of the United States · 1992
- Kennedy v. Plan Administrator for DuPont Savings & Investment PlanSupreme Court of the United States · 2009
- In Re: Ronald J. Nelson, Debtor. Ronald J. Nelson v. James E. Ramette Richard Schieffer, and the Law Firm of Anderson, Dove, Fretland & Van ValkenburgCourt of Appeals for the Eighth Circuit · 2003
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