Siragusa

Siragusa v. Siragusa (In re Siragusa)

Good Law
27 F.3d 406·94 Daily Journal DAR 8495·1994 WL 267951·31 Collier Bankr. Cas. 2d 890·1994 U.S. App. LEXIS 15016
United States Court of Appeals for the Ninth CircuitJune 20, 1994No. 92-16788California1,364 words

Opinion

Lead Opinion

Nelson, J.

Opinion by Judge D.W. NELSON.

Dr. Vincent Siragusa appeals from the district court’s judgment affirming the bankruptcy court’s dismissal of his complaint based on comity. The bankruptcy court dismissed the action because it already was being litigated in state court. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

After 15 years of marriage, Dr. Siragusa and Joanne Siragusa were divorced in 1983. In the divorce decree, Dr. Siragusa agreed to pay Ms. Siragusa alimony of $3,000 per month for 60 months (“the alimony”). He also agreed to a division of the marital property that required him to purchase her share of the medical practice for $1.25 million, payable in monthly installments at 9% interest (“the property settlement”).

Dr. Siragusa defaulted on these alimony and property settlement payments, and on November 5, 1987, the state court reduced these arrearages to judgment in favor of Ms. Siragusa. However, the court stayed enforcement of the judgment for one week, and in the interim, Dr. Siragusa filed a voluntary Chapter 7 bankruptcy petition for the primary purpose of obtaining a discharge of the approximately $1.2 million still owed on the property settlement.

Under 11…

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