Wolf v. Chenich (In Re Chenich)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
Appellant, the trustee in bankruptcy, appeals the denial of his motion for partial summary judgment that, pursuant to 11 U.S.C. § 544(b), he may avoid the transfer of community property to appellee, formerly the debtor’s spouse, and use the money to satisfy a judgment against the debtor on a personal injury claim.
The principal issue is the construction and application of Cal.Civ.Code § 5120.160(a)(3). 1 That statute, enacted in 1984, shields community property passing to a spouse in a dissolution from subjection to liability for satisfaction of a judgment for a…
2Cases cited18 opinions
- Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
- Hawaii Housing Authority v. MidkiffSupreme Court of the United States · 1984
- Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
- In Re Ozark Restaurant Equipment Co., Inc. James G. Mixon, Trustee v. Bruce Anderson, Elmer Dale Yancey, Kenneth Eads, Robert Whiteley and Anderson Cajun's Wharf, James G. Mixon, Trustee v. Anderson Cajun's Wharf, James G. Mixon, Trustee v. Ed Yancey, Bruce Anderson and Kenneth EadsCourt of Appeals for the Eighth Circuit · 1987
- United States v. DarusmontSupreme Court of the United States · 1981
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3Cited by6 opinions
- In Re Marriage of PowersCalifornia Court of Appeal · 1990
- McCoy v. Bank of America (In Re McCoy)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- Synovus Bank v. Brooks (In re Brooks)United States Bankruptcy Court, N.D. Georgia · 2013
- Brooks-Hamilton v. City of Oakland (In Re Brooks-Hamilton)United States Bankruptcy Court, N.D. California · 2006
- Spirtos v. Moreno (In re Spirtos)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
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