Legal Opinion

Berry v. Brown (In Re Brown)

United States Bankruptcy Court, M.D. Tennessee

Decided October 23, 1984No. Bankruptcy No. 383-03325, Adv. No. 384-0051PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

At issue is the dischargeability of a state court judgment requiring the debtor to pay medical expenses for the birth of his illegitimate son and to pay attorney’s fees incurred by the mother in her successful paternity suit. Because this judgment is not within the class of nondischargeable debts described in 11 U.S.C.A. § 523(a)(5) (West 1979) the debts are dischargeable.

The following constitute findings of fact and conclusions of law as required by Bankruptcy Rule 7052.

The facts are uncontraverted and both sides have moved for summary judgment. On…

2Cases cited7 opinions

  1. Gleason v. ThawSupreme Court of the United States · 1915
  2. In Re Theodore W. Spong, Debtor. Raymond J. Pauley v. Theodore W. SpongCourt of Appeals for the Second Circuit · 1981
  3. In the Matter of Ron C. Cross, Bankrupt. Murphy & Robinson Investment Company v. Ron C. CrossCourt of Appeals for the Fifth Circuit · 1982
  4. 1 Collier bankr.cas.2d 42, Bankr. L. Rep. P 67,033 Ralph I. Selby, Trustee in Bankruptcy for the Frimberger Corporation v. Ford Motor CompanyCourt of Appeals for the Sixth Circuit · 1979
  5. Daniel Robert Ryan v. Ohio Edison CompanyCourt of Appeals for the Sixth Circuit · 1979

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3Cited by12 opinions

  1. Marguerite C. Shine v. Louis M. ShineCourt of Appeals for the First Circuit · 1986
  2. In the Matter of Wade S. Seibert and Deanne M. Seibert, Debtors-Appellees, Appeal of Green County, State of WisconsinCourt of Appeals for the Seventh Circuit · 1990
  3. Williams v. Kemp (In Re Kemp)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
  4. Claussen v. Brookings County (In Re Claussen)United States Bankruptcy Court, D. South Dakota · 1990
  5. DuPhily v. DuPhilyDistrict Court, D. Delaware · 1985

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