Legal Opinion

Howard v. Howard (In re Howard)

United States Bankruptcy Court, M.D. Pennsylvania

Decided November 23, 2015No. CASE NO. 1:14-bk-05752-MDF; ADV. NO. 1:15-ap-00067MDFPublished

1Opinion of the Court

OPINION

Mary D. France, Chief Bankruptcy Judge

Before me is the Motion filed by Jill M. Howard (“Debtor”) to dismiss the Amended Complaint (“Complaint”) filed by Randy L. Howard (“Howard”) in the above-captioned adversary case. In the Complaint, *786Howard seeks to enforce the terms of the Marital Settlement Agreement (the “MSA”) executed in connection with the parties’ divorce. Under the terms of the MSA, Debtor became the sole owner of the marital residence (the “Residence”), and Howard was entitled to receive 35% of the equity.

In the Complaint, Howard advances four alternative legal theories to…

2Cases cited28 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
  4. Kehr Packages, Inc. v. Fidelcor, Inc.Court of Appeals for the Third Circuit · 1991
  5. In Re Benethel Rembert, Debtor. Benethel Rembert v. At & T Universal Card Services, Inc. Citibank South Dakota, N.A.Court of Appeals for the Sixth Circuit · 1998

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