Articles Posted in Utah Supreme Court

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The Supreme Court revoked certification in this case certified to it by a bankruptcy court to answer a question of state law because the issues were not adequately briefed and because of the potential impact of the automatic stay on the property settlement at issue in this case. The bankruptcy court certified two questions of Utah law concerning the overlap of family and bankruptcy law. The Court noted that the parties failed to provide the briefing needed to answer the questions here and that the martial property division at issue in this case may have violated the automatic stay that accompanies a bankruptcy petition’s filing. Accordingly, because of the insufficient briefing and the problematic procedural posture, the Supreme Court declined to answer the questions and revoked certification. View "In re Deborah Michelle Kiley" on Justia Law