Legal Opinion

Kinkade v. Kinkade (In Re Kinkade)

Court of Appeals for the Fifth Circuit

Decided February 6, 2013No. 12-30525PublishedCited by 8 opinions

1Opinion of the Court

JENNIFER WALKER ELROD, Circuit Judge:

This bankruptcy appeal asks whether a $43,675.50 debt (the “Debt”) that Appellant Kenneth Kinkade (“Kinkade”) owes his now-ex wife Irene Porter Kinkade (“Porter”) is dischargeable in bankruptcy. Relying on Section 523(a)(15) of the Bankruptcy Code, the bankruptcy court — and the district court on appeal — answered no. We agree, and AFFIRM the judgment of the bankruptcy court.

I

The facts of this case are undisputed. Porter loaned Kinkade two sums of money to support Kinkade’s separate business: $23,675.50 before the parties’ marriage, and $20,000 during the…

2Cases cited6 opinions

  1. Reaves Brokerage Co. v. Sunbelt Fruit & Vegetable Co.Court of Appeals for the Fifth Circuit · 2003
  2. In the Matter of Maurice G. CROSSWHITE, Debtor-Appellee. Appeal of Terry Crosswhite GINTERCourt of Appeals for the Seventh Circuit · 1998
  3. Gamble v. Gamble (In Re Gamble)Court of Appeals for the Fifth Circuit · 1998
  4. Rapid Settlements Ltd v. Scott ShcolnikCourt of Appeals for the Fifth Circuit · 2012
  5. Schwegmann v. SchwegmannLouisiana Court of Appeal · 1983

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

3Cited by8 opinions

  1. Jimmy Williams, Sr. v. Placid Oil CompanyCourt of Appeals for the Fifth Circuit · 2014
  2. Martinez v. OGA Charters, L.L.C. (In re OGA Charters, L.L.C.)Court of Appeals for the Fifth Circuit · 2018
  3. Romo v. Montemayor (In re Montemayor)United States Bankruptcy Court, S.D. Texas · 2016
  4. Ash v. PetroskiUnited States Bankruptcy Court, N.D. Texas · 2024
  5. Jimmy Williams, Sr. v. Placid Oil CompanyCourt of Appeals for the Fifth Circuit · 2014

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

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