Case v. Maready (In Re Leroy)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
RUSSELL, Bankruptcy Judge:
Judgment creditor appeals from a declaratory judgment of the bankruptcy court holding that community property is not liable for a nondischargeable debt because judgment creditor failed to serve the “innocent spouse” as a defendant in nondis-chargeability proceeding. No determination was made that the debt was a community claim. We remand for such a determination. It is not necessary to decide the issue of whether a debt is a community claim as part of a § 523 nondischargeability proceeding. We reverse and remand to give the creditor an opportunity to attempt…
2Cases cited6 opinions
- United States v. State Of WashingtonCourt of Appeals for the Ninth Circuit · 1985
- Valley National Bank of Arizona v. LeSueur (In Re LeSueur)United States Bankruptcy Court, D. Arizona · 1985
- Grimm v. Grimm (In Re Grimm)United States Bankruptcy Court, W.D. Wisconsin · 1988
- Meneley Motors, Inc. v. Giantvalley (In Re Giantvalley)United States Bankruptcy Court, D. Nevada · 1981
- Williams v. Bernardelli (In Re Bernardelli)United States Bankruptcy Court, D. Nevada · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re TomsUnited States Bankruptcy Court, E.D. Pennsylvania · 1999
- Wells Fargo Bank v. Beltran (In Re Beltran)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- Midi Music Center, Inc. v. Smith (In Re Smith)United States Bankruptcy Court, D. New Mexico · 1992
- Kosac v. Clark (In Re Clark)United States Bankruptcy Court, D. Arizona · 1995
- Rooz v. Kimmel (In Re Kimmel)United States Bankruptcy Court, N.D. California · 2007
4 more not listed; retrieve them via the Exa API.