Legal Opinion
Montiel v. Shestko-Montiel (In Re Shestko-Montiel)
United States Bankruptcy Court, D. Arizona
Decided January 31, 1991No. Bankruptcy No. 90-02459-TUC-LO, "M" No. 90-1286PublishedCited by 1 opinion
1Opinion of the Court
OPINION
LAWRENCE OLLASON, Bankruptcy Judge.
Movant sought relief from stay to foreclose on a real property lien awarded to him in the pre-petition dissolution of his marriage with the debtor. Debtor objected and moved for avoidance of that lien pursuant to 11 U.S.C. section 522(f). Movant asserts that the obligation secured by the lien is in the nature of support or maintenance. The relevant facts are not disputed.
Generally stated, the divorce court awarded all of the community obligations and all of the community property to the debtor wife. The property division, however, required the debtor…
2Cases cited3 opinions
- Jeanine M. BOYD, F/K/A Jeanine Boyd Robinson, Appellant, v. Bruce G. ROBINSON, AppelleeCourt of Appeals for the Eighth Circuit · 1984
- In Re Earnest James Pederson, Debtor. Bonnie Jean Stedman v. Earnest James PedersonCourt of Appeals for the Ninth Circuit · 1989
- Nikki Dee Maus, Debtor-Appellee v. Jesse R. MausCourt of Appeals for the Tenth Circuit · 1988
3Cited by1 opinion
- In Re HaynesUnited States Bankruptcy Court, S.D. Indiana · 1992