Legal Opinion

Nichols v. Nichols (In Re Nichols)

United States Bankruptcy Court, M.D. Pennsylvania

Decided February 3, 2004No. Bankruptcy No. 1-03-04469, Adversary No. 1-03-00254APublishedCited by 2 opinions

1Opinion of the Court

OPINION and ORDER

MARY D. FRANCE, Bankruptcy Judge.

This matter comes before the Court on the Objections of Jonna Nichols (“Jonna”) to Debtor’s Chapter 13 plan. Jonna, Debt- or’s ex-spouse, asserts that certain military pension benefits Debtor intends to use to fund his Plan belong to her and are not property of the estate. Debtor asserts that the military pension is an asset of Debtor’s estate and that Jonna’s interest in his pension is a debt dischargeable under Section 523(a)(5).

On August 28, 2003, Debtor filed a Complaint against Jonna for injunctive relief to halt the payment of pension…

2Cases cited22 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. McCarty v. McCartySupreme Court of the United States · 1981
  3. Griffith v. United Air Lines, Inc.Supreme Court of Pennsylvania · 1964
  4. Official Committee of Unsecured Creditors v. R.F. Lafferty & Co., Inc. Cogen Sklar, L.L.PCourt of Appeals for the Third Circuit · 2001
  5. First Fidelity Bank v. Raymond McAteer Helen McAteer Debtors. Robert M. Wood, Trustee. First Fidelity Bank, N.A.Court of Appeals for the First Circuit · 1993

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3Cited by2 opinions

  1. Kipps v. Stincavage-KippsDistrict Court, M.D. Pennsylvania · 2023
  2. Ronald William KippsUnited States Bankruptcy Court, M.D. Pennsylvania · 2022

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