Legal Opinion

Trimble v. Trimble

Court of Appeals of Kentucky

Decided December 2, 2016No. 2015-CA-001021-MRPublishedCited by 2 opinions

1Opinion of the Court

OPINION

CLAYTON, JUDGE:

James Thomas Trimble (James) appeals from an order by the Floyd Family Court requiring him to pay his ex-wife Allison Trimble (Allison) for a credit card debt that she assumed for him during their marriage. He argues that the trial court erred because his debt to Allison was dis-chargeable in bankruptcy. Because we hold that the “fair contemplation” test applied to James’ debt, such that James’ debt was not dischargeable, we affirm.

Facts

James and Allison married in 2006.1 James and Allison had accumulated some pre-marital credit card debt. At some point during the…

2Cases cited15 opinions

  1. In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
  2. United States v. ManbeckCourt of Appeals for the Fourth Circuit · 1984
  3. Rose Ana Forbes Lemelle, Rose Ana Forbes Lemelle v. Universal Mfg. Corp., Universal Mfg. Corp., Werts Novelty Co., Inc., Usf & GCourt of Appeals for the Fifth Circuit · 1994
  4. Pavelich v. McCormick, Barstow, Sheppard, Wayte & Carruth LLP (In Re Pavelich)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  5. Roach v. Edge (In Re Edge)United States Bankruptcy Court, M.D. Tennessee · 1986

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3Cited by2 opinions

  1. Andrews v. AndrewsCourt of Civil Appeals of Alabama · 2017
  2. Sturgill v. FieldsUnited States Bankruptcy Court, E.D. Kentucky · 2020

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