9th Circuit rules overturning divorce transfer requires 'extrinsic fraud'

Lawyers USAJune 27, 2009

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Summary


A party seeking to overturn in bankruptcy a transfer under a state marriage dissolution judgment must show "extrinsic fraud," the 9th Circuit has ruled.

The husband filed for divorce. The wife filed an appearance but then failed to participate in the proceedings, and a state court entered a default judgment of dissolution. It awarded the husband items valued at $93,737 while the wife received items valued at just $788.

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9th Circuit rules overturning divorce transfer requires 'extrinsic fraud'

The wife later filed for divorce, and the Chapter 7 bankruptcy trustee so...

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