Plaintiff, trustee in bankruptcy of defendant's former husband, brought suit in federal district court to set aside as a fraudulent conveyance a Washington court's award of community property to the defendant incident to her divorce. The district court granted summary judgment for defendant on the ground that the trustee's attack on the award depended upon the community nature of the property which had been terminated by the divorce. On appeal, the Ninth Circuit Court of Appeals reversed and remanded. Held: Because a Washington marital community is not an entity with separate legal existence, an award of community property by a Washington divorce decree is a "transfer" from one spouse to the other under section 1(30) of the Bankruptcy Act. Britt v. Damson, 334 F.2d 896 (9th Cir. 1964), cert. denied, 85 Sup. Ct. 661 (1965).
Community Property and Divorce—Effect of Subsequent Bankruptcy,
40 Wash. L. Rev.
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