H seeks discharge of student loan on grounds it was unenforceable against him based on allegations of fraud, identify theft, and failure to authorize loan. Bankruptcy court rejected those contentions, but found H only half-liable for loan based on FC 916 and his marital settlement agreement with W. Debtor appealed. Reversed. Bankruptcy court failed to correctly apply FC 916(a)(1), under which a spouse’s separate property and property received in the division of assets and debts “is liable for a debt incurred by the person before or during marriage and the person is personally liable for the debt, whether or not the debt was assigned for payment by the person’s spouse in the division.”
In Re Carrion
5/31/19, USBAP 9th: SC-18-1234-FBKu
http://cdn.ca9.uscourts.gov/datastore/bap/2019/05/31/Carrion-SC-18-1234.pdf
