In re Laws
Opinion
Lead Opinion
Woodward, J.
ORDER DENYING DEBTOR’S PETITION FOR PERMISSION TO SUE TRUSTEE
On December 31, 1975, petitions to proceed under the provisions of Chapter XIII of the Bankruptcy Act were filed by William H. Laws and Helen M. Laws (hereinafter referred to as Helen M. Laws-Gipson). Each debtor filed his and her own petition and were numbered as set forth above. The debtors were husband and wife.
The plans were consolidated for administrative purposes as the plans and schedules were identical.
The list of real and other property filed by each of the above-named debtors wás identical.
Exemptions were waived by each debtor for the purposes of the Chapter XIII case.
*654 The debtors listed among their assets their home.
Each of the debtors was employed and their combined income was to be used for living expenses and to make payments to the trustee for repayment of their obligations pursuant to their Chapter XIII plan.
For some time, the payments were made by the debtors pursuant to their plans.
Marital problems arose with the ultimate separation of the debtors. On or about October 19, 1978, pursuant to a Stipulated Interlocutory Judgment of Dissolution of Marriage, the Superior Court of the State…