One day before bankruptcy filing, a divorce mediation awarded debtor one-half of value of ex-spouse's retirement account (essentially a lump sum, cash award). A few weeks later, the divorce court entered its order dividing the couple's marital property. The bankruptcy court held that an interest in marital property remains inchoate until the divorce court makes a formal division of the marital property. Because the debtor's interest in the value of the retirement account became choate within 180 days of the bankruptcy filing, it was property of bankruptcy estate subject to administration by the trustee. The decision also discusses the Utah exemption of interest in a retirement plan and a qualified domestic support obligation.

The Court granted plaintiffs'/counterclaim defendants' motion to dismiss the debtors' counterclaim, holding that the bankruptcy court lacked constitutional authority to enter final judgment on debtors' claims, and even if it did, debtors' lacked standing and the counterclaims were barred by doctrines of collateral estoppel and res judicata.

Debtor signed a $1 million note to his family, who provided him with monetary and other support in a lawsuit that ultimately resulted in a $15 milliion judgment. Three years before his bankruptcy filing, the debtor repaid the note from the judgment proceeds. The Court granted summary judgment in favor of defendants based on a finding that the trustee was time barred from avoiding the note under SS 544 and the Utah Uniform Fraudulent Transfer Act. Further, the trustee could not avoid the note under SS 541 due to the debtor's pre-petition waiver of any defenses to the note when he paid it. Finally, the makers of the note gave good consideration by providing funds to support the debtor and by waiting years to receive payment.

The Court denied Trustee's motion on choice-of-law issue and held that Utah law governed claims for tort and breach of contract. Extensive discussion on Utah jurisdprudence on choice of law.