Legal Opinion

In Re John Clinton Birdseye, Bankrupt. Brody and Brody v. John Clinton Birdseye

Court of Appeals for the Tenth Circuit

Decided January 20, 1977No. 76-1008PublishedCited by 26 opinions

1Opinion of the Court

McWILLIAMS, Circuit Judge.

The issue presented is whether an award of attorney fees made in a Connecticut divorce proceeding is a non-dischargeable debt under 11 U.S.C. § 35(a)(2) in bankruptcy proceedings later brought in the United States District Court for the District of Colorado by the debtor-husband. The district court held that the debt was not dis-chargeable in the present bankruptcy proceedings and the bankrupt now appeals. We affirm.

The controlling question is whether under Connecticut law an award of attorney fees is deemed to be in the nature of a property settlement, or whether…

2Cases cited12 opinions

  1. 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
  2. Stoner v. StonerSupreme Court of Connecticut · 1972
  3. Tobey v. TobeySupreme Court of Connecticut · 1974
  4. Donald Boyd Julander, and v. Ford Motor Company, a Corporation, AndCourt of Appeals for the Tenth Circuit · 1973
  5. Krasnow v. KrasnowSupreme Court of Connecticut · 1953

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

3Cited by26 opinions

  1. City of Aurora, Colorado, and the City of Colorado Springs, Colorado v. Bechtel CorporationCourt of Appeals for the Tenth Circuit · 1979
  2. Bell v. Bell (In Re Bell)United States Bankruptcy Court, W.D. Oklahoma · 1980
  3. Rose v. Gedeon (In Re Gedeon)United States Bankruptcy Court, D. Colorado · 1983
  4. In the Matter of J. C. Catlow, Debtor. Lawrence J. Marks, Individually and on Behalf of Wendy Kay Hall v. J. C. CatlowCourt of Appeals for the Ninth Circuit · 1981
  5. Nikki Dee Maus, Debtor-Appellee v. Jesse R. MausCourt of Appeals for the Tenth Circuit · 1988

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

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