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IN RE RUITENBERG

No. 13-2175.

745 F.3d 647 (2014)

In re: Paul RUITENBERG, III, Debtor Thomas J. Orr, Chapter 7 Trustee for Paul Ruitenberg, Appellant.

United States Court of Appeals, Third Circuit.

March 13, 2014.

Attorney(s) appearing for the Case

Graig P. Corveleyn, Esquire , Andrea Dobin, Esquire (Argued), Trenk, DiPasquale, Della Fera & Sodono, Trenton, NJ, for Appellant.

Erin J. Kennedy, Esquire (Argued), Forman, Holt, Eliades & Youngman, Paramus, NJ, for Appellee.

Before: AMBRO, and SMITH, Circuit Judges and O'CONNOR, Associate Justice (Ret.).

OPINION OF THE COURT

AMBRO, Circuit Judge.

We decide whether Candace Ruitenberg's interest in an equitable share of marital property pending her divorce from Paul Ruitenberg, III is a pre-petition "claim" against Paul's bankruptcy estate. The issue has divided Bankruptcy Courts in our Circuit.

Paul filed for bankruptcy under Chapter 7 of the Bankruptcy Code, and Thomas J. Orr was appointed as the Trustee of the bankruptcy estate. Before that filing...

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