Radcliffe 10, L.L.C. v. Burger: Financial Windfall for the Non-Debtor Wife

Note by Taylor K. Wimberly

In this Note, Taylor K. Wimberly examines the Louisiana Supreme Court’s decision in Radcliffe 10, L.L.C. v. Burger, 2016-0768, p. 11 (La. 01/25/17); 219 So. 3d 296, 303, holding that the failure by a debtor and his spouse to file a joint petition to terminate a matrimonial agreement pursuant to Louisiana Civil Code 2329 made the agreement relatively null, and the creditor could not recover in an action to revoke a judgment that was based on a relative nullity, rather than an absolute nullity, because the rule was not intended to protect him.

About the Author

J.D. candidate 2019, Tulane University Law School; B.A. 2015, University of Virginia


92 Tul. L. Rev. 981 (2018)