Rhodes v. Rhodes (In Re Rhodes)
United States Bankruptcy Court, D. New Mexico
1Opinion of the Court
MEMORANDUM OPINION
STEWART ROSE, Bankruptcy Judge.
The issue in this case is whether a $5,000 lump sum payment, denominated as additional child support in a divorce decree, and payable approximately one year after the divorce, is dischargeable.
The parties, former spouses, separated in August, 1983. A stipulated final decree of divorce was entered January 11, 1984. The debtor filed this adversary proceeding against his former wife seeking a determination that the $5,000 payment is in the nature of a property settlement and there fore dischargeable. The contested portion of the decree provides:
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2Cases cited3 opinions
- In Re Clarence Oral Calhoun Fdba Bimbo's Place, Debtor. Jo Ann Long Fka Jo Ann Calhoun v. Clarence Oral Calhoun Fdba Bimbo's PlaceCourt of Appeals for the Sixth Circuit · 1983
- In Re Edward Elijah Williams, Debtor. Joyce Colleen Williams v. Edward Elijah WilliamsCourt of Appeals for the Eighth Circuit · 1983
- Burk v. Haney (In Re Haney)United States Bankruptcy Court, N.D. Alabama · 1983
3Cited by4 opinions
- Coffman v. Coffman (In Re Coffman)United States Bankruptcy Court, D. Maryland · 1985
- Chilcoat v. Minor (In Re Minor)District Court, D. Colorado · 1990
- Helm v. Helm (In Re Helm)United States Bankruptcy Court, W.D. Kentucky · 1985
- Scott v. Scott (In Re Scott)United States Bankruptcy Court, D. South Carolina · 1995