Legal Opinion
Horner v. Horner (In Re Horner)
District Court, S.D. Georgia
Decided July 20, 1998No. 95-11415, CV 197-313, Adversary No. 95-01090PublishedCited by 5 opinions
1Opinion of the Court
ORDER
BOWEN, Chief Judge.
Before the Court is Jack A. Horner’s appeal of the Bankruptcy Judge’s determination that a debt created pursuant to his separation agreement with Appellee Barbara Horner is actually in the nature of alimony, maintenance, or support and therefore non-dischargeable in his Chapter 7 bankruptcy case. Upon careful consideration of the record on appeal and the briefs submitted by the parties, the Bankruptcy Judge’s decision is REVERSED for the reasons stated below.
I. BACKGROUND
Jack and Barbara Horner were divorced in 1991 after 23 years of marriage. The Hor-ners’ marriage…
2Cases cited20 opinions
- In Re Theodore W. Spong, Debtor. Raymond J. Pauley v. Theodore W. SpongCourt of Appeals for the Second Circuit · 1981
- In Re Montgomery Hulon Harrell, Debtor, Montgomery Hulon Harrell v. Caryl Ann (Kaldenberg) Harrell SharpCourt of Appeals for the Eleventh Circuit · 1985
- Bankr. L. Rep. P 69,922 Nancy H. Shaver v. Peter Frank ShaverCourt of Appeals for the Ninth Circuit · 1984
- Bankr. L. Rep. P 71,748 in the Matter of Keith E. Benich, Debtor. Jane W. Benich v. Keith E. BenichCourt of Appeals for the Fifth Circuit · 1987
- In the Matter of David A. DAVIDSON, Debtor. Nancy Y. DAVIDSON, Appellant, v. David A. DAVIDSON, AppelleeCourt of Appeals for the Fifth Circuit · 1991
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3Cited by5 opinions
- Rogers v. McGaheeSupreme Court of Georgia · 2004
- Daniel v. DanielSupreme Court of Georgia · 2004
- In Re KingUnited States Bankruptcy Court, D. Alaska · 2010
- Smith v. Smith (In Re Smith)United States Bankruptcy Court, M.D. Florida · 2001
- Bailey v. Bailey (In Re Bailey)United States Bankruptcy Court, N.D. Oklahoma · 2002