Legal Opinion

Rhodes v. Rhodes (In Re Rhodes)

United States Bankruptcy Court, D. New Mexico

Decided October 29, 1984No. 19-10370PublishedCited by 4 opinions

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:

“17…

2Cases cited3 opinions

  1. 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
  2. In Re Edward Elijah Williams, Debtor. Joyce Colleen Williams v. Edward Elijah WilliamsCourt of Appeals for the Eighth Circuit · 1983
  3. Burk v. Haney (In Re Haney)United States Bankruptcy Court, N.D. Alabama · 1983

3Cited by4 opinions

  1. Coffman v. Coffman (In Re Coffman)United States Bankruptcy Court, D. Maryland · 1985
  2. Chilcoat v. Minor (In Re Minor)District Court, D. Colorado · 1990
  3. Helm v. Helm (In Re Helm)United States Bankruptcy Court, W.D. Kentucky · 1985
  4. Scott v. Scott (In Re Scott)United States Bankruptcy Court, D. South Carolina · 1995

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