Legal Opinion

William J. Tilley, Jr., 7-85-0031 a v. Joyce Jessee

Court of Appeals for the Fourth Circuit

Decided May 5, 1986No. 85-2219PublishedCited by 131 opinions

1Opinion of the Court

K.K. HALL, Circuit Judge:

William J. Tilley, Jr., is a debtor in a Chapter 11 bankruptcy proceeding. He appeals from an order of the district court affirming a determination of the bankruptcy court that an obligation contained in a separation agreement executed between Tilley and his ex-wife, Joyce Jessee, was “in the nature of alimony, maintenance or support” and, therefore, non-dischargeable in bankruptcy pursuant to 11 U.S.C. § 523. Because we find the bankruptcy court’s factual conclusion with regard to the central question of the parties’ mutual intent to be clearly erroneous, we reverse.

I

2Cases cited5 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Theodore F. Melichar v. Betty Jane Ost, in the Matter of Theodore F. Melichar, DebtorCourt of Appeals for the Fourth Circuit · 1981
  4. Iowa State Department of Social Services v. Morris (In Re Morris)United States Bankruptcy Court, N.D. Iowa · 1981
  5. Hawkins v. Hawkins (In Re Hawkins)United States Bankruptcy Court, E.D. Tennessee · 1982

3Cited by131 opinions

  1. In Re Paul Chris Gianakas, Debtor. Karen Gianakas v. Paul Chris GianakasCourt of Appeals for the Third Circuit · 1990
  2. Bankr. L. Rep. P 71,535 in Re Brian Tibbetts Yeates, Debtor. Paulette B. Yeates v. Brian Tibbetts YeatesCourt of Appeals for the Tenth Circuit · 1986
  3. In Re Denis Brody, Debtor. Carol Brody v. Denis BrodyCourt of Appeals for the Second Circuit · 1993
  4. In Re SampsonCourt of Appeals for the Tenth Circuit · 1993
  5. Bankr. L. Rep. P 75,869 in Re David Robb, Sr., Debtor. Linda Robb-Fulton v. David Robb, Sr.Court of Appeals for the Fourth Circuit · 1994

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