Legal Opinion

In re Ongaro

United States Bankruptcy Court, D. New Mexico

Decided August 26, 2016No. 16-10996-ta13PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

Honorable David T. Thuma, United States Bankruptcy Judge

Before the Court is the narrow issue whether certain debts owed by the Debtor to his ex-wife are in the nature of alimony or support, or alternatively are property division obligations. The issue arises because the latter can be discharged in a chapter 13 case, while the former cannot. The Court concludes that some of the debts fall in each category, as discussed below.

I. FINDINGS OF FACT

The Court finds:1

Debtor and Beverly Ongaro were married for 31 years. During most of that time they lived in Albuquerque, New Mexico,…

2Cases cited14 opinions

  1. St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
  2. LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
  3. In Re Paul Chris Gianakas, Debtor. Karen Gianakas v. Paul Chris GianakasCourt of Appeals for the Third Circuit · 1990
  4. Bankr. L. Rep. P 71,535 in Re Brian Tibbetts Yeates, Debtor. Paulette B. Yeates v. Brian Tibbetts YeatesCourt of Appeals for the Tenth Circuit · 1986
  5. In Re Debbie Jean Jones, Debtor. Alvin Jones and John Mantooth v. Debbie Jean JonesCourt of Appeals for the Tenth Circuit · 1993

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3Cited by1 opinion

  1. Stella v. Davis CountyDistrict Court, D. Utah · 2022

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