Birt v. Birt
In Birt v. Birt, 208 Ariz. 546, 549, P9, 96 P.3d 544, 547 (App. 2004), a divorce decree equitably divided the parties' debts and assets. 208 Ariz. at 548, P 2, 96 P.3d at 546. When the time for appeal had passed, the husband filed a petition in bankruptcy and obtained discharge of several debts incurred during the marriage and for which the wife also was responsible. Id. at 548, P 5.
The wife then moved to set aside the decree because the discharge potentially would render her solely liable for the community debts. Id. at 549, P 7, 96 P.3d at 547.
The Court concluded that Rule 60(c)(6) authorized relief to rectify the resulting but unanticipated post-decree inequity. Id. at 556, P 37, 96 P.3d at 554.