Legal Opinion

DuPhily v. DuPhily

District Court, D. Delaware

Decided August 15, 1985No. Civ.A. 85-190 CMWPublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION

CALEB M. WRIGHT, Senior District Judge.

John DuPhily and his wife, Jacqueline, appeal from an order of the Bankruptcy Court dated February 21, 1985, holding that arrearages for child support and attorney’s fees were non-dischargeable debts in bankruptcy. The issue on appeal is whether arrearages owed for the support of an illegitimate child of one of the debtors is a non-dischargeable debt within the meaning of 11 U.S.C. § 523(a)(3) prior to that provision’s amendment in July of 1984.

Daniel Henshaw is the illegitimate son of John DuPhily and Georgina DuPhily. Despite the…

2Cases cited36 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. Bolling v. SharpeSupreme Court of the United States · 1954
  3. Caminetti v. United StatesSupreme Court of the United States · 1917
  4. Vance v. BradleySupreme Court of the United States · 1979
  5. Weinberger v. WiesenfeldSupreme Court of the United States · 1975

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3Cited by16 opinions

  1. Marguerite C. Shine v. Louis M. ShineCourt of Appeals for the First Circuit · 1986
  2. Beneficial National Bank v. Priestley (In Re Priestley)United States Bankruptcy Court, D. Delaware · 1996
  3. Freer v. Weinstein (In Re Weinstein)United States Bankruptcy Court, E.D. New York · 1994
  4. Smith Ex Rel. Smith v. Barbre (In Re Barbre)United States Bankruptcy Court, S.D. Illinois · 1988
  5. Ziegler v. Ziegler (In Re Charles W. Ziegler)United States Bankruptcy Court, W.D. North Carolina · 1989

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