- 11 U.S.C.
Carleton v. Carleton (In re Carleton)
Apr
25
2011
Ruling
Former spouse's claim for division of property was discharged due to failure to file adversary proceeding to except claim from discharge.
Procedural posture
Plaintiff sought a judgment declaring that defendant's claim for a divorce- related property settlement against plaintiff's deceased husband (debtor) was discharged in the debtor's chapter 7 bankruptcy case. Although not formally designated as such, the court treated the parties' briefs and submissions as motions for summary judgment made pursuant to Fed. R. Bankr. P. 7056.
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Court
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