Legal Opinion
In Re Ruitenberg
United States Bankruptcy Court, D. New Jersey
Decided May 4, 2012No. 19-12069PublishedCited by 1 opinion
1Opinion of the Court
OPINION
RAYMOND T. LYONS, Bankruptcy Judge.
INTRODUCTION
Paul Ruitenberg filed bankruptcy while a divorce action was pending in state court. No judgment of divorce or award of equitable distribution had been granted in state court. Nevertheless, his estranged wife, Candace, filed a claim in Paul’s bankruptcy case for her anticipated equitable distribution award. The trustee in Paul’s case objected to Candace’s claim asserting that she did not have a prepetition right to payment since equitable distribution had not been determined.
In light of the Third Circuit’s overruling of Frenville in…
2Cases cited15 opinions
- In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
- In Re KaneCourt of Appeals for the Third Circuit · 2010
- Monte v. MonteNew Jersey Superior Court Appellate Division · 1986
- Jeld-Wen, Inc. v. Van Brunt (In Re Grossman's Inc.)Court of Appeals for the Third Circuit · 2010
- Perlow v. PerlowDistrict Court, E.D. North Carolina · 1991
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3Cited by1 opinion
- Paul Ruitenberg, III v.Court of Appeals for the Third Circuit · 2014