Quimbee logo
DMCA.com Protection Status
From our private database of 18,300+ case briefs...

In re Earnest

United States Bankruptcy Court for the Northern District of Florida
2013 WL 6504359 (Bankr. N.D. Fla.)


Michael Earnest (defendant) filed a petition for divorce from Constance Dodson (plaintiff) after nearly two years of separation. At the time of separation, Earnest had moved out of the marital home, leaving behind two minor children, and moved into an apartment with his girlfriend. Later, Dodson worked two jobs and paid all of the household expenses and sums related to the children’s daycare, with no support from Earnest. Earnest and Dodson agreed to sell the marital home, which had no equity. During the period of separation, Dodson paid $61,461 toward the mortgage to prevent foreclosure. Earnest paid nothing toward the mortgage. At trial, the court found that Earnest and Dodson had comparable incomes. The court equitably divided the marital property, awarded Dodson exclusive use and possession of the home, and ordered Earnest to reimburse Dodson one-half of the amount she had paid on the mortgage during the period of separation and one-half of the monthly mortgage amount from the time of dissolution until the home was sold. Subsequently, Earnest filed a Chapter 13 petition for bankruptcy, seeking to discharge his obligation to pay Dodson the mortgage-reimbursement amount and continuing amounts until the house was sold.

Rule of Law


Holding and Reasoning (Specie, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 487,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 487,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,300 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial