Karen Scoggins vs. Larry Scoggins

Case Number
E2002-02923-COA-R3-CV
Karen Thompson Scoggins ("Plaintiff") and Larry Browder Scoggins ("Defendant") were divorced in 2000. The divorce judgment ordered Defendant to use funds from his 401(k) plan to pay off certain marital debts and then to convey the remainder of the 401(k) to Plaintiff. Defendant did not do this. Instead, Defendant filed for bankruptcy, listed Plaintiff as a creditor, and was granted a discharge in bankruptcy. Plaintiff filed a complaint in Chancery Court ("Trial Court") seeking to enforce the divorce judgment. Defendant claimed the debt to Plaintiff was discharged in bankruptcy. The Chancery Court held that the discharge in bankruptcy does not bar Plaintiff from enforcing her rights in Defendant's 401(k) plan. Defendant appeals. We reverse and remand.
Authoring Judge
Judge David Michael Swiney
Originating Judge
Howell N. Peoples
Case Name
Karen Scoggins vs. Larry Scoggins
Date Filed
Dissent or Concur
No
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