Legal Opinion
In the Matter Of: Elizabeth Ann Evert, Debtor. Marsha G. Milligan, Trustee C. Daniel Roberts & Associates P.C. v. Elizabeth Ann Evert
Court of Appeals for the Fifth Circuit
Decided August 6, 2003No. 02-50411PublishedCited by 29 opinions
1Opinion of the Court
GARWOOD, Circuit Judge:
After Elizabeth Ann Evert (Evert) filed for bankruptcy under Chapter 7 of the Bankruptcy Code, Appellant Marsha G. Milligan, Trustee, (Milligan) was appointed trustee. Milligan objected to Evert’s attempt to claim as exempt property under 11 U.S.C. § 522(d)(10)(D) a $65,000 promissory note payable to her and executed by her former husband which she had received pursuant to their divorce. The bankruptcy court found that the promissory note constituted “alimony, support, or separate maintenance” and therefore could be shielded from Evert’s creditors under section…
2Cases cited25 opinions
- Bankr. L. Rep. P 69,922 Nancy H. Shaver v. Peter Frank ShaverCourt of Appeals for the Ninth Circuit · 1984
- In Re Paul Chris Gianakas, Debtor. Karen Gianakas v. Paul Chris GianakasCourt of Appeals for the Third Circuit · 1990
- Bankr. L. Rep. P 71,535 in Re Brian Tibbetts Yeates, Debtor. Paulette B. Yeates v. Brian Tibbetts YeatesCourt of Appeals for the Tenth Circuit · 1986
- William J. Tilley, Jr., 7-85-0031 a v. Joyce JesseeCourt of Appeals for the Fourth Circuit · 1986
- Francis v. FrancisTexas Supreme Court · 1967
20 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Martin Marietta Materials Southwest, Inc. v. Lee (In Re Lee)United States Bankruptcy Court, W.D. Texas · 2004
- In re RogowskiUnited States Bankruptcy Court, E.D. New York · 2011
- Diener v. McBeth (In Re Diener)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In re EfronUnited States Bankruptcy Court, D. Puerto Rico · 2013
- In Re HarringtonUnited States Bankruptcy Court, E.D. Texas · 2003
24 more not listed; retrieve them via the Exa API.