Legal Opinion
Babitzke v. Mantelli (In Re Mantelli)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided January 19, 1993No. BAP No. EC-91-2149 ROP, Bankruptcy No. 988-00784, Adv. No. 990-0045PublishedCited by 4 opinions
1Opinion of the Court
OPINION
RUSSELL, Bankruptcy Judge:
The bankruptcy court held that the debt- or’s payment made pursuant to a civil contempt order was a voidable preference under 11 U.S.C. § 547 1 , We AFFIRM.
I.FACTS
Debtor/Appellee Dale Mantelli (“Mantel-li”) and Appellant/Creditor Shari Babitzke (“Babitzke”), formerly husband and wife, executed a marital settlement agreement which was made a part of their divorce decree. Pursuant to the agreement, Man-telli was to occupy the residence until sold, and while occupying it, retain possession of certain household items and other personal property items that belonged…
2Cases cited6 opinions
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Bronner v. Gill (In Re Bronner)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
- Nazarene Federal Credit Union v. McNutt (In Re McNutt)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- Becker v. County of Santa Clara (In Re Nelson)District Court, N.D. California · 1988
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3Cited by4 opinions
- Estate of Love v. First Interstate Bank of Montana (In Re Love)United States Bankruptcy Court, D. Montana · 1993
- Smith v. Reeves (In Re Reeves)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Movitz v. Maricopa County (In Re Ball)United States Bankruptcy Court, D. Arizona · 2001
- Newton v. Fabrication (In re Davis)United States Bankruptcy Court, E.D. Tennessee · 2018