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marriage, petitioner and Dr. Banderas maintained and had equal
access to a joint checking account, and both wrote checks on the
account. Both also opened household mail. Dr. Banderas,
however, assumed primary responsibility in handling the family’s
financial affairs.
In the mid-1990s, Dr. Banderas became involved in a contract
dispute with a business associate, Alexander Doman (Dr. Doman),
who was to purchase Dr. Banderas’s medical practice in
preparation for Dr. Banderas’s retirement. The matter proceeded
to litigation and resulted in a $832,447 civil judgment against
Dr. Banderas on June 25, 1997. To collect on the judgment, the
Banderases’ joint checking account was levied in 1997.
Petitioner then, in August of 1997, opened a separate checking
account into which Dr. Banderas’s Social Security checks and
petitioner’s income were deposited and out of which living
expenses were paid.
During the pendency of the foregoing controversy,
Dr. Banderas retired, and he and petitioner moved to Florida in
early 1996. Thereafter, on October 3, 1997, Dr. Banderas filed a
voluntary chapter 7 bankruptcy petition in the U.S. Bankruptcy
Court for the Middle District of Florida. The bankruptcy case
was closed by order of that court on July 21, 2005, after
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