Friedkin

Friedkin v. Sternberg

Good Law
85 F.3d 1400·96 Daily Journal DAR 6506·1996 U.S. App. LEXIS 13328·96 Cal. Daily Op. Serv. 4015
United States Court of Appeals for the Ninth CircuitJune 5, 1996No. 95-15414California4,050 words

Opinion

Lead Opinion

Alarcon, J.

Alan J. Sternberg (“Sternberg”) is a debt- or in Chapter 11 bankruptcy. Amy R. Fried-kin (“Friedkin”), Sternberg’s former spouse, filed a complaint in Sternberg’s Chapter 11 case which sought a determination that certain monthly sums owed to her by Sternberg were spousal support payments and thus nondischargeable under 11 U.S.C. *1403 § 523 (a)(5). The bankruptcy court determined that the monthly payments were intended to be spousal support and entered judgment in favor of Friedkin. The district court affirmed the judgment of the bankruptcy court. In his appeal before this court, Sternberg contends that the bankruptcy court erred by: (1) concluding that the monthly obligations were for spousal support instead of payments on a division of marital property; 1 (2) failing to award prejudgment interest on Sternberg’s setoff claim; and (3) excluding evidence of Friedkin’s current financial circumstances. Because we conclude that the bankruptcy court did not abuse its discretion, we affirm the order of the district court.

I

Friedkin and Sternberg were married on January 1, 1968. After the Sternberg’s second child was born in 1971, Friedkin did not work outside the home except for a…

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