Mehlhaff v. Allred, No. 13-6012 (8th Cir. 2013)
Annotate this CaseDebtor appealed from the bankruptcy court's order finding that her prepetition claim against her former spouse for alimony was property of her bankruptcy estate, and ordering her to turn that claim over to the trustee. The bankruptcy appellate panel (BAP) concluded that debtor had not shown that the right to alimony payments was different from any other stream of payments someone could have been ordered to pay to her under South Dakota law. Therefore, the BAP concluded that it fit within the broad definition under 11 U.S.C. 541(a)(1), and was not expressly excluded by section 541(b) or (c)(2). Thus, it was property of the estate, subject to any exemptions debtor could have under South Dakota law. Accordingly, the BAP affirmed the bankruptcy court's order.
Court Description: Bankruptcy Appellate Panel. Bankruptcy court did not err in determining debtor's prepetition claim against her former spouse for alimony was property of the bankruptcy estate pursuant to 11 U.S.C. Sec. 541(a)(1), and the order directing her to turn that claim over to the trustee is affirmed. [ June 03, 2013
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