Legal Opinion
Wedgle & Shpall, P.C. v. Ray (In Re Ray)
District Court, D. Colorado
Decided August 7, 1992No. Civ. A. No. 91-K-1912, Bankruptcy No. 90 11047 SBB, Adv. No. 91 1048 SBBPublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
KANE, Senior District Judge.
This appeal presents an unsettled issue of law under § 523(a)(5) of the Bankruptcy Code: whether attorney fees awarded to the debtor’s former husband in child custody proceedings can be discharged by the debtor in bankruptcy. The appellant, Wed-gle & Shpall, P.C., argues that such fees are in the nature of support, and that the bankruptcy court erred in permitting them to be discharged. I agree and reverse.
I. Facts.
The facts of this case are undisputed. In January, 1988, David Thornsberry filed a motion for a contempt citation in…
2Cases cited18 opinions
- In Re Edward Elijah Williams, Debtor. Joyce Colleen Williams v. Edward Elijah WilliamsCourt of Appeals for the Eighth Circuit · 1983
- In Re Philip Kelley Goin, D/B/A Kelley's Auto Supply, Debtor. Philip Kelley Goin, D/B/A Kelley's Auto Supply v. Donna Jo RivesCourt of Appeals for the Tenth Circuit · 1987
- Wendell Reginald Sylvester v. Jane Lee Sylvester Sylvia Marks-Barnett & AssociatesCourt of Appeals for the Tenth Circuit · 1989
- Terry ADAMS, Appellee, v. Karen Marie ZENTZ, AppellantCourt of Appeals for the Eighth Circuit · 1992
- Peters v. Hennenhoeffer (In Re Peters)District Court, S.D. New York · 1991
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Heintz v. Tremblay (In Re Tremblay)United States Bankruptcy Court, D. Maine · 1993
- Spear v. Constantine (In Re Constantine)United States Bankruptcy Court, D. Massachusetts · 1995
- Swartzberg v. Lockwood (In Re Lockwood)United States Bankruptcy Court, E.D. Wisconsin · 1992
- Lowther v. Lowther (In Re Lowther)Bankruptcy Appellate Panel of the Tenth Circuit · 2001
- Rogers v. Morin (In Re Rogers)Court of Appeals for the Fifth Circuit · 2006
5 more not listed; retrieve them via the Exa API.