Legal Opinion

In Re John Paul Fitzgerald, Debtor. Jean A. Fitzgerald v. John Paul Fitzgerald

Court of Appeals for the Sixth Circuit

Decided November 10, 1993No. 92-6520PublishedCited by 85 opinions

1Opinion of the Court

KENNEDY, Circuit Judge.

Defendant-debtor John Paul Fitzgerald appeals the District Court’s order holding that defendant’s obligation to pay alimony was not discharged. The District Court reversed the order of the Bankruptcy Court which had discharged defendant’s obligation to pay plaintiff Jean A. Fitzgerald, his former spouse, unpaid alimony as well as relieved him from making future payments. On appeal, defendant argues (1) that the District Court erred in finding that the “present needs” test of Long v. Calhoun, 715 F.2d 1103 (6th Cir.1983), was inapplicable in the present case and (2) that…

2Cases cited14 opinions

  1. Boddie v. ConnecticutSupreme Court of the United States · 1971
  2. 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
  3. In Re Paul Chris Gianakas, Debtor. Karen Gianakas v. Paul Chris GianakasCourt of Appeals for the Third Circuit · 1990
  4. Ronald H. Boyle v. Catherine C. Boyle Donovan, Ronald H. Boyle, II and Robert E. BoyleCourt of Appeals for the Eighth Circuit · 1984
  5. Theresa Forsdick v. Normand TurgeonCourt of Appeals for the Second Circuit · 1987

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3Cited by85 opinions

  1. In Re Perle Albert SORAH, Jr., Debtor. Karren L. SORAH, Appellant, v. Perle Albert Sorah, Jr., AppelleeCourt of Appeals for the Sixth Circuit · 1998
  2. In Re SmitherUnited States Bankruptcy Court, W.D. Kentucky · 1996
  3. Gibson v. Gibson (In Re Gibson)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  4. Dressler v. Dressler (In Re Dressler)United States Bankruptcy Court, D. Rhode Island · 1996
  5. Schubiner v. Zolman (In re Schubiner)United States Bankruptcy Court, E.D. Michigan · 2018

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