DiSalvo v. DiSalvo (In Re DiSalvo)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
PERRIS, Bankruptcy Judge.
Plaintiff appeals the bankruptcy court’s judgment in a dischargeability action under 11 U.S.C. § 523(a)(15) extinguishing a debt incurred in a dissolution judgment, and its order awarding attorney fees. We REVERSE the extinguishment of the debt and REMAND for reconsideration of attorney fees.
FACTS
Appellant Jody DiSalvo (“plaintiff’) and debtor-appellee Salvatore DiSalvo (“debtor”) were divorced before debtor filed bankruptcy. As relevant to this appeal, the Judgment of Dissolution of Marriage provided that debtor was to pay plaintiff $100,000 as an equalizing…
2Cases cited20 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- In Re Hassan Hamidi Hashemi, Debtor. American Express Travel Related Services Company Inc. v. Hassan Hamidi HashemiCourt of Appeals for the Ninth Circuit · 1997
- In Re Riverside-Linden Investment Co., Debtor. Ralph O. Boldt, Trustee Estes & Hoyt v. Kathryn Crake Earl HaferCourt of Appeals for the Ninth Circuit · 1991
- Security Pacific National Bank v. WozabCalifornia Supreme Court · 1990
- Hough v. HoughCalifornia Supreme Court · 1945
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- Prestige Ltd. Partnership-Concord v. East Bay Car Wash PartnersCourt of Appeals for the Ninth Circuit · 2000
- Prestige Ltd. Partnership-Concord v. East Bay Car Wash Partners (In Re Prestige Ltd. Partnership-Concord)United States Bankruptcy Court, N.D. California · 1998
- General Star Indemnity Company v. First American Title Insurance Company of NapaDistrict Court, N.D. California · 2021
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