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§ 541(a)(5)(B)

In re Phares

Ruling
Postpetition divorce action did not create any new property right in marital assets in which debtor could claim an exemption.
Issue(s)
Could debtor claim exemptions in spouse’s separately titled property following postpetition divorce filing?

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Consumer opinion summary, case decided on June 28, 2016 , LexisNexis #0716-076

In re Gasztold

Ruling
Payment to joint debtor spouse of one-half interest in residence in exchange for quitclaim as part of postpetition divorce was not property of the estate.
Procedural posture

The Chapter 7 Trustee moved to compel filing of a supplemental schedule with respect to property of the estate.

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Consumer opinion summary, case decided on October 25, 2011 , LexisNexis #1111-087

Burdick v. OLeary (In re OLeary)

Ruling
Estate did not have interest in property acquired pursuant to divorce decree that was not entered within 180 days of petition date.
Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor seeking to avoid an alleged transfer as fraudulent. The debtor moved to dismiss. At issue was whether the debtor's bankruptcy estate included an interest in property owned by his wife whom he sued for divorce less than 180 days after the filing of his bankruptcy petition.

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opinion summary, case decided on June 18, 2007 , LexisNexis #0707-099