Legal Opinion
Zhuk v. Zhuk (In re Zhuk)
United States Bankruptcy Court, S.D. Florida.
Decided October 27, 2017No. Case No. 17-12235-BKC-RAM; Adv. No. 17-01266-BKC-RAM-APublished
1Opinion of the Court
ABSTENTION ORDER AND ORDER DISMISSING PROCEEDING
Robert A. Mark, Judge, United States Bankruptcy Court
Debtor’s complaint in this proceeding seeks a judgment declaring that certain obligations he owes to his ex-wife under a marital settlement agreement are not domestic support obligations (“DSOs”). The defendant ex-wife has filed a motion for abstention arguing that this Court should abstain and allow the state court judge to decide the issue. Based upon the history of the state court case and the Eleventh Circuit’s guidance favoring deference to family court judges, the Court will abstain.
The…
2Cases cited8 opinions
- Ankenbrandt Ex Rel. L. R. v. RichardsSupreme Court of the United States · 1992
- In Re Montgomery Hulon Harrell, Debtor, Montgomery Hulon Harrell v. Caryl Ann (Kaldenberg) Harrell SharpCourt of Appeals for the Eleventh Circuit · 1985
- Edward Carver v. Paulette Carver, Gasper L. Toole, Iii, Frampton W. Toole, Iii, and Richard L. PearceCourt of Appeals for the Eleventh Circuit · 1992
- Brothers v. TremaineUnited States Bankruptcy Court, S.D. Ohio · 1995
- In Re: Todd Benson, Todd Benson v. Sally BensonCourt of Appeals for the Eleventh Circuit · 2011
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