In re Boyette
Nov
17
2010
Ruling
Claim based on prepetition premarital agreement did not arise postpetition and needed to be administered as part of chapter 13 plan.
Procedural posture
Pending was a claimant's Motion to Determine Status of a Claim and debtor's response. The claimant requested that the court determine that (1) the obligation owed to her was a post-petition obligation which was not subject to discharge, and (2) the provisions of the automatic stay did not prevent her from filing a domestic action in State court which would include division of marital property, allocation of debts, and equitable distribution.
ABI Membership is required to access the full summary of In re Boyette Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: