Legal Opinion

In re Anderson

District Court, S.D. New York

Decided June 28, 1899PublishedCited by 2 opinions

In Bankruptcy. In an action in the supreme court of the state of Yew York for absolute divorce, brought by Carrie P. Anderson against her husband, Andrew Anderson, Jr., a decree was entered on December 30, 1897, granting the prayer of the complainant, and ordering the defendant to pay her alimony, in weekly installments, at the rate oí (528.24 per week.

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In Bankruptcy. In an action in the supreme court of the state of Yew York for absolute divorce, brought by Carrie P. Anderson against her husband, Andrew Anderson, Jr., a decree was entered on December 30, 1897, granting the prayer of the complainant, and ordering the defendant to pay her alimony, in weekly installments, at the rate oí (528.24 per week. Defendant’s application to the said court to reduce the amount of the alimony, on account of changes in his circumstances since the decree, was denied May 10, 1899, but with leave to renew the motion upon payment to the plaintiff of all…

1Opinion of the Court

BROWN, District Judge.

In my judgment a liability to pay alimony would not be released by a discharge in bankruptcy (section 11), and no stay should, therefore, be granted on its enforcement, except where a preference is sought upon assets. In re Lachemeyer, 18 N. B. R. 270, Fed. Cas. No. 7,960.

2Cases cited1 opinion

  1. In re LachemeyerDistrict Court, S.D. New York · 1878

3Cited by2 opinions

  1. Heimberger v. JosephCourt of Appeals for the Sixth Circuit · 1931
  2. Arrington v. ArringtonDistrict Court, E.D. North Carolina · 1904

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