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Case No. 18-1695

For summaries from opinions prior to August, 2018, view PDF versions here

In re the Marriage of Brincks

William J. Brincks, Petitioner-Appellee

Victoria Heying-Brincks, Respondent-Appellant

Attorney for Appellant

William P. Baresel

Attorney for Appellee

Christopher F. O'Donohoe

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1695
Date Published:
Aug 07, 2019
Summary

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Doyle, J.  (9 pages)

            Victoria Brincks appeals the district court’s order dissolving her marriage to William Brincks.  OPINION HOLDS: Upon our de novo review, we affirm the part of the district court’s order dissolving the marriage.  However, we do not believe that including the marital debts into the “pot” and dividing them equitably runs afoul of the Bankruptcy Code in the limited circumstances of this case, and we therefore reverse the part of the district court’s order declining to order William to pay his share of the marital debts in issue on appeal.  We remand for further proceedings consistent with this opinion.

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