[Download] "Flexmaster Aluminum Awning Co. V. Hirschberg" by Arizona Court of Appeals ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Flexmaster Aluminum Awning Co. V. Hirschberg
• Author : Arizona Court of Appeals
• Release Date : January 29, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Flexmaster Aluminum Awning Co. ("Flexmaster") sued both Janet ("wife") and William ("husband") Hirschberg on a contractual debt William incurred before his marriage to Janet. While the action was pending, Flexmaster discovered that husband had filed a personal bankruptcy petition. Flexmaster notified the court and opposing counsel of that petition. However, both parties continued to litigate the action. The wife moved for summary judgment on the basis of improper joinder, and the trial court dismissed the suit against her  after finding the wife was not a proper party. On appeal, Flexmaster contends the trial court erred in finding wife was improperly joined. We agree and reverse. We hold that the wife is a necessary party to a suit to establish limited liability of the community for the husband's premarital debt. We also hold that if the bankruptcy discharged the husband's premarital debt to Flexmaster, Flexmaster no longer has a claim enforceable against the community.

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