In re Marriage of Cini

Husband and Wife entered into a property settlement agreement (PSA) pursuant to their divorce in which Wife transferred all of her interest in two corporations the parties owned to Husband in exchange for Husband's payment to Wife of $250,000. The parties subsequently agreed that Wife would assume managerial and operational control of the businesses. The district court ordered Husband to provide Wife with access to the businesses' accounts and financial information and to return possession of the business records. Because of Husband's noncompliance with the court order, Wife ultimately was forced to file for Chapter 13 bankruptcy. The district court subsequently (1) found Husband to be in contempt, (2) awarded Wife sole possession of one of the businesses, (3) ordered Husband to pay Wife the receiver fees he had accumulated during his operation of the business, and (4) ordered Husband to pay Wife's attorney's fees and costs. The Supreme Court affirmed, holding that the district court did not (1) err by refusing to send the dispute to arbitration and by holding Husband in contempt; (2) deny Husband due process; and (3) err in awarding attorney's fees to Wife. Remanded for a determination of Wife's attorney's fees and costs on appeal. View "In re Marriage of Cini" on Justia Law