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92 Tul. L. Rev. 981 (2017-2018)

handle is hein.journals/tulr92 and id is 1029 raw text is: Radcliffe 10, L.L. C v. Burger: Financial Windfall for the Non-Debtor Wife I. OVERVIEW .....................................981 II. BACKGROUND ............................. ......982 IH. COURT'S DECISION ...............................985 A. Majority Opinion: Protection ofPrivate Parties.........985 B. Dissenting Opinion: Violation of a Rule ofPublic Order..................................987 C. Dissenting Opinion: Alternative Theories of Recovery. ......................... ......989 IV. ANALYSIS ..............................................989 I. OVERVIEW Radcliffe 10, L.L.C., a judgment creditor of the defendant Ronald Burger, obtained a multimillion dollar judgment against the defendant., However, before the judgment was signed, Ronald Burger filed a petition to terminate his community property regime and establish a separate property regime pursuant to Louisiana Civil Code article 2329.2 In his petition, Ronald Burger named his spouse Lynda as the defendant.3 The trial court approved and signed this postmarital separation of property agreement.4 Because the marital agreement allegedly increased Ronald Burger's solvency, Radcliffe filed a revocatory action against the Burgers to annul their post-matrimonial agreement.5 Radcliffe alleged that the judgment approving the matrimonial agreement was void because the Burgers failed to follow the procedural requirements of article 2329, which specify that spouses may terminate their legal regime only upon joint petition.6 Because Ronald Burger named his spouse as a defendant, his article 2329 action was not commenced by joint petition.7 Although the trial court initially denied Radcliffe's motion for summary judgment, it 1. Radcliffe 10, L.L.C. v. Burger, 2016-0768, pp. 1-2 (La. 1/25/17); 219 So. 3d 296, 297-98. 2. Id. (citing LA. CIV. CODE art. 2329 (2017)). 3. Id. at p. 5; 219 So. 3d at 299. 4. Id. at p. 2; 219 So. 3d at 298. 5. Id. at p. 1; 219 So. 3d at 297. 6. Id. at p. 2, 4; 219 So. 3d at 298-99 (quoting LA. CIV. CODE art. 2329) (emphasis added). 7. Id. at p. 2; 219 So. 3d at 298. 981

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