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Cases of Interest: Creditor's Rights
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GEORGIA: Starrett v. Commercial Bank of Georgia, ___ Ga. App. ___, 486 S.E.2d 923 (1997).
Where the parties' settlement agreement provided that the proceeds from sale of certain jointly owned property would be used to satisfy the husband's indebtedness to a bank, the bank was an intended third-party beneficiary which had standing to enforce that provision of the agreement.
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NEW JERSEY: Vander Weert v. Vander Weert, 304 N.J. Super. 339, 700 A.2d 894 (App. Div. 1997).
Where the husband in a divorce case executed a mortgage on property held in a tenancy by the entirety to secure the payment of legal fees to a law firm, the firm's lien extended only to that portion of the property, if any, awarded to the husband by way of equitable distribution.
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NEW YORK: Stuart v. Stuart, ___ A.D.2d ___, 712 N.Y.S.2d 190 (2000).
The husband was not entitled to any compensation for any injury to his credit rating due to the wife's use of joint credit cards during the couple's separation.
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PENNSYLVANIA: Livingston v. Unis, ___ Pa. Commw. ___, 659 A.2d 606 (1995).
A judgment creditor's claim against marital property had priority over a later equitable distribution judgment in favor of the former wife.
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TEXAS: Black v. Amoco Federal Credit Union, 900 S.W.2d 108 (Tex. Ct. App. 1995).
The trial court's order clarifying the former spouses' responsibility for payment of marital debts did not affect a creditor's right to collect the unpaid balance of a promissory note from the husband, even though the creditor was a party to the clarification proceeding.
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