Legal Opinion

Bankr. L. Rep. P 71,748 in the Matter of Keith E. Benich, Debtor. Jane W. Benich v. Keith E. Benich

Court of Appeals for the Fifth Circuit

Decided March 10, 1987No. 86-1791PublishedCited by 82 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

The sole issue is whether monthly payments that a now-bankrupt man agreed in a property-settlement agreement to make to his ex-wife for her support for the rest of her life were, however labelled, in reality part of a property settlement, hence dis-chargeable in bankruptcy, or alimony and support payments that are nondischargeable. The bankruptcy court held that, on the evidence before it, the payments were for alimony or support, and the district court affirmed without further explanation. Persuaded that the bankruptcy court’s judgment is amply supported by the…

2Cases cited9 opinions

  1. Brown v. FelsenSupreme Court of the United States · 1979
  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 the Matter of Roy Stewart Nunnally, Bankrupt. Mary Elizabeth Nunnally, Appellant-Cross v. Roy Stewart Nunnally, Appellee-CrossCourt of Appeals for the Fifth Circuit · 1975
  4. In the Matter of Charles Moore Bardwell, Jr., Bankrupts. Highland Village Bank v. Charles Moore Bardwell, Jr.Court of Appeals for the Fifth Circuit · 1980
  5. In Re SmithDistrict Court, N.D. Georgia · 1977

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3Cited by82 opinions

  1. In Re Denis Brody, Debtor. Carol Brody v. Denis BrodyCourt of Appeals for the Second Circuit · 1993
  2. In the Matter of Lebaron Dennis, Debtor. Lebaron Dennis v. Audrey H. Dennis, A/K/A Joyce DennisCourt of Appeals for the Fifth Circuit · 1994
  3. In the Matter of David A. DAVIDSON, Debtor. Nancy Y. DAVIDSON, Appellant, v. David A. DAVIDSON, AppelleeCourt of Appeals for the Fifth Circuit · 1991
  4. In Re SampsonCourt of Appeals for the Tenth Circuit · 1993
  5. First American Bank of New York v. Bodenstein (In Re Bodenstein)United States Bankruptcy Court, E.D. New York · 1994

77 more not listed; retrieve them via the Exa API.

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