Legal Opinion

Kelley v. Dahle-Fenske (In re Dahle-Fenske)

United States Bankruptcy Court, E.D. Wisconsin

Decided March 2, 2015No. Case No. 14-22521-svk; Adv. No. 14-2309PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM DECISION

Susan V. Kelley, Chief U.S. Bankruptcy Judge

This case involves the elusive “phantom discharge” that a spouse in a community property state can receive without filing bankruptcy.1 Wisconsin is a community property state, and the twist here is that the spouses filed Chapter 7 bankruptcies at different times. The second spouse to file is now trying to claim the benefit of the discharge in her spouse’s case.

Background and Procedural Status

Tina M. Dahle-Fenske (the “Debtor”) filed a Chapter 7 petition on March 13, 2014. On June 16, 2014, Jane C. Kelley (“Kelley”) filed an…

2Cases cited11 opinions

In the Matter of John E. Mayer and Deborah Mayer, Debtors-Appellants v. Spanel International Ltd. And Bank One-Rockford, N.A., Creditors-AppelleesCourt of Appeals for the Seventh Circuit · 1995
Tidwell v. Smith (In Re Smith)Court of Appeals for the Seventh Circuit · 2009
In Re KarberUnited States Bankruptcy Court, N.D. Texas · 1982
Valley National Bank of Arizona v. LeSueur (In Re LeSueur)United States Bankruptcy Court, D. Arizona · 1985
In Re GuseckUnited States Bankruptcy Court, E.D. Wisconsin · 2004

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

CQM, Inc. v. VandenBushUnited States Bankruptcy Court, E.D. Wisconsin · 2020
In re: SHERRIE NICOLE LOCKHART-JOHNSONUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2021