Does a bankruptcy court have jurisdiction to examine the parties' present financial conditions to determine whether an obligation is currently necessary for maintenance or support?

MultiRegion, United States of America

The following excerpt is from In re Frey, 212 BR 728 (Bankr. N.D.N.Y. 1996):

4 It is improper to examine the parties' present financial conditions to determine whether an obligation is currently necessary for maintenance or support, as such inquiry "would put federal courts in the position of modifying matrimonial decrees of state courts, thus interfering with the delicate state systems for dealing with the dissolutions of marriages. . . ." Forsdick v. Turgeon, 812 F.2d 801, 803-04 (2d Cir.1987); see also Gianakas, 917 F.2d at 763 (finding that inquiry of bankruptcy court regarding whether obligation is necessary for support or maintenance should be limited to nature of obligation at time it was undertaken).

Other Questions


Does a federal court have jurisdiction to determine whether a state court's determination was incorrect? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether a state court has jurisdiction to remove a person from the jurisdiction of the federal court? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
Does a court have jurisdiction to determine whether jurisdiction exists? (MultiRegion, United States of America)
What is the test for determining whether the Court of Appeal has jurisdiction to hear an appeal from a bankruptcy judge? (MultiRegion, United States of America)
Does the bankruptcy court have to apply a special evidentiary standard to determine whether a debtor has been successful in bankruptcy? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Does the Court have an obligation to satisfy itself of its own jurisdiction and of the jurisdiction of the District Court? (MultiRegion, United States of America)
For the purposes of determining whether a party has been found guilty of a breach of the terms of a conditional discharge from a court, what are the reasons why? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.