Reinbold v. Thorpe (In re Thorpe)

(7th Cir. Jan. 31, 2018)

The Seventh Circuit affirms the bankruptcy court, holding that the bankruptcy estate took the debtor’s half interest in the real property subject to the debtor’s ex-spouse’s contingent interest in the property. The court applies the Illinois Marriage and Dissolution of Marriage Act and concludes that the divorce court divested the estate of all rights to the marital home when it awarded the property to the debtor’s ex-spouse pre-petition. Opinion below.

Judge: Sykes

Attorneys for the Trustee: Jeana K. Reinbold; Pollick & Schmahl, LLC, Michael Mario Schmahl, John Franklin Pollick

Attorney for Appellee: Katz, Huntoon & Fieweger, Dale G. Haake

2018-01-31 – in re thorpe

Author: Matt Lindblom

 

Gresk v. Bulmer (In re Bulmer)

(Bankr. S.D. Ind. Feb. 10, 2017)

The bankruptcy court enters judgment in favor of the debtor on the trustee’s claims to avoid transfers of real property, but the court enters judgment in favor of the trustee on the claim under 11 U.S.C. § 727(a)(4) and denies the debtor a discharge. The court finds that the debtor made a false oath on his statement of financial affairs with reckless disregard for the truth. The debtor had transferred property prior to his divorce but claimed those transfers were made as a result of the divorce. Opinion below.

Judge: Moberly

Attorney for Trustee: Randolph A. Leerkamp

Attorneys for Defendant: Allen Wellman McNew, Michael Clifford Cooley, Wolf Law Firm, LLC, Sarah Margaret Wolf

2017-02-10-in-re-bulmer

Author: Matt Lindblom

In re Ripberger

(Bankr. E.D. Ky. Oct. 28, 2014)

The bankruptcy court denies the debtor’s ex-wife’s motion for stay relief to seek an order from the state court determining rights in the marital residence. The ex-wife argued that the divorce decree gave the debtor an option to purchase, which option was not exercised. Thus, the ex-wife argued, the state court needed to decide how the residence should be distributed. The bankruptcy court held that the state court’s divorce decree clearly gave the debtor title to the residence, which made the ex-wife simply a creditor of the estate for the purchase price, rather than a co-owner. Opinion below.

2014-10-28 – in re ripberger