Mac Donald, In re, No. 83-6509
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | Before CHAMBERS, BOOCHEVER, and BEEZER; BEEZER |
| Citation | 755 F.2d 715 |
| Parties | Bankr. L. Rep. P 70,312 In re Francis E. Mac DONALD, Francis E. Mac Donald, III, Francis E. Mac Donald, D.D.S., Francis Edward Mac Donald, III, F.E. Mac Donald, Debtor. Francis E. Mac DONALD, Defendant-Appellant, v. Donna Ruth Mac DONALD, Plaintiff-Appellee. |
| Docket Number | No. 83-6509 |
| Decision Date | 12 March 1985 |
Page 715
Francis E. Mac Donald, D.D.S., Francis Edward Mac
Donald, III, F.E. Mac Donald, Debtor.
Francis E. Mac DONALD, Defendant-Appellant,
v.
Donna Ruth Mac DONALD, Plaintiff-Appellee.
Ninth Circuit.
Decided March 12, 1985.
Page 716
James Ensign, Orange, Cal., for defendant-appellant.
Stephen R. Wade, Covington & Crowe, Ontario, Cal., for plaintiff-appellee.
Appeal from the Bankruptcy Appellate Panel Central District of California.
Before CHAMBERS, BOOCHEVER, and BEEZER, Circuit Judges.
BEEZER, Circuit Judge.
Appellant Francis Mac Donald appeals the Bankruptcy Appellate Panel's order affirming the bankruptcy court's decision granting appellee Donna Mac Donald relief from the automatic stay provisions of 11 U.S.C. Sec. 362(a) to allow her to proceed in state court with her action for spousal support modification. We affirm.
Francis and Donna Mac Donald commenced marriage dissolution proceedings in California Superior Court in 1980. The issues were bifurcated and the marriage status was dissolved on July 1, 1981.
Final judgment on the reserved issues was entered on February 2, 1982. Francis was awarded the family residence. His dental school education was determined to be a community asset, and Donna was awarded reimbursement for it in the amount of $75,000 to be paid in three annual installments commencing May 1, 1983. In order to equalize the division of other assets and obligations, Francis was ordered to pay Donna an additional $27,678.61 on or before May 1, 1982. Donna was also awarded monthly spousal support of $500.00 until January 14, 1985.
On May 5, 1982, Francis filed a bankruptcy petition under 11 U.S.C. Chapter 7, listing Donna as a creditor and requesting discharge of all obligations imposed by the California judgment. Donna filed her complaint for relief from the automatic stay on June 15. On July 14, a hearing was held in bankruptcy court. By its order on August 16, 1982, the court granted Donna relief from the stay, allowing her to proceed in the California court with her spousal support modification action.
Francis appealed the bankruptcy court's order to the Bankruptcy Appellate Panel, which affirmed the bankruptcy court's decision on November 18, 1983. Francis timely appealed the panel's order on December 8, 1983. We have jurisdiction to...
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Gruntz v. County of Los Angeles, No. 97-55379
...preserving the debtor's assets for repayment and reorganization of his or her obligations." MacDonald v. MacDonald (In re MacDonald), 755 F.2d 715, 717 (9th Cir. 1985). By halting all collection efforts, the stay affords the debtor time to propose a reorganization plan, or simply "to be rel......
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Gertz v. Warner (In re Warner), Case No. 14–52325
...colleagues and their established expertise in such matters. In re White , 851 F.2d 170, 173 (6th Cir. 1988) (quoting In re Mac Donald , 755 F.2d 715, 717 (9th Cir. 1985) ). However, in addition to general doctrinal reasons for not intruding upon the domestic relations court process, the TSP......
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Corzin v. Lawson (In re Lawson), Case No. 15–50618
...colleagues and their established expertise in such matters. In re White , 851 F.2d 170, 173 (6th Cir. 1988) (quoting In re Mac Donald , 755 F.2d 715, 717 (9th Cir. 1985) ). However, in addition to general doctrinal reasons for not intruding upon the domestic relations court process, ERISA d......
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In re Petroleum Piping Contractors, Inc., Bankruptcy No. 96-61379.
...from stay is appropriate is determined on a case-by-case basis. In re Robbins, 964 F.2d 342, 345 (4th Cir.1992) (Citing In re Mac Donald, 755 F.2d 715, 717 (9th Cir.1985); 2 Collier on Bankruptcy, ¶ 362.071 at 362-68 to 69 (15th ed.1992)). When a creditor seeks relief from the stay in order......
-
Gruntz v. County of Los Angeles, No. 97-55379
...preserving the debtor's assets for repayment and reorganization of his or her obligations." MacDonald v. MacDonald (In re MacDonald), 755 F.2d 715, 717 (9th Cir. 1985). By halting all collection efforts, the stay affords the debtor time to propose a reorganization plan, or simply "to be rel......
-
Gertz v. Warner (In re Warner), Case No. 14–52325
...colleagues and their established expertise in such matters. In re White , 851 F.2d 170, 173 (6th Cir. 1988) (quoting In re Mac Donald , 755 F.2d 715, 717 (9th Cir. 1985) ). However, in addition to general doctrinal reasons for not intruding upon the domestic relations court process, the TSP......
-
Corzin v. Lawson (In re Lawson), Case No. 15–50618
...colleagues and their established expertise in such matters. In re White , 851 F.2d 170, 173 (6th Cir. 1988) (quoting In re Mac Donald , 755 F.2d 715, 717 (9th Cir. 1985) ). However, in addition to general doctrinal reasons for not intruding upon the domestic relations court process, ERISA d......
-
In re Petroleum Piping Contractors, Inc., Bankruptcy No. 96-61379.
...from stay is appropriate is determined on a case-by-case basis. In re Robbins, 964 F.2d 342, 345 (4th Cir.1992) (Citing In re Mac Donald, 755 F.2d 715, 717 (9th Cir.1985); 2 Collier on Bankruptcy, ¶ 362.071 at 362-68 to 69 (15th ed.1992)). When a creditor seeks relief from the stay in order......