Gendreau v. Gendreau (In Re Gendreau)

HAGAN, Bankruptcy Judge,

dissenting:

My analysis of the applicable law would mandate a reversal of the order appealed. I therefore respectfully dissent. The order stating that the Appellee had a property interest in the Debtor’s pension plan was not a Qualified Domestic Relations Order; it could not create a property interest in the pension plan; and therefore it was a debt discharged in bankruptcy.

DISCUSSION

1. The Appellee Could Not Obtain an Interest in the United Pension Plans in the Absence of a QDRO.

The majority opinion properly notes that the Order did not create a debt that was…