Legal Opinion
Mary Lee Nichols v. Benton M. Hensler
Court of Appeals for the Seventh Circuit
Decided January 6, 1976No. 75--1074PublishedCited by 48 opinions
1Opinion of the Court
TONE, Circuit Judge.
The issue before us is the discharge-ability in bankruptcy of an obligation to make payments labeled “alimony” in a 1960 Indiana divorce decree. The District Court, without hearing evidence bearing on the issue of dischargeability, entered judgment in favor of the former wife, holding that the obligation was not discharged. We vacate the judgment and remand for a hearing.
Before the entry of the divorce decree the parties entered into a written “Property Settlement Agreement.” This agreement allocated between the husband and wife specifically described property, including…
2Cases cited16 opinions
- Wetmore v. MarkoeSupreme Court of the United States · 1904
- Shula v. ShulaIndiana Supreme Court · 1956
- McDaniel v. McDanielIndiana Supreme Court · 1964
- Marlin Ferris Goggans, Also Known as M. F. Goggans v. Reta OsbornCourt of Appeals for the Ninth Circuit · 1956
- Edward Meyers Caldwell v. J. Reuel Armstrong, Trustee in Bankruptcy, United States of America, and Dixie Faye Caldwell SheaCourt of Appeals for the Tenth Circuit · 1965
11 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Warner v. Warner (In Re Warner)United States Bankruptcy Court, D. Utah · 1980
- Stone v. StoneDistrict Court, N.D. California · 1978
- In the Matter of Floyd Raymond Woods, Bankrupt. Appeal of Judith Jean Crabb, ObjectingCourt of Appeals for the Seventh Circuit · 1977
- In Re Dennis Neil Maitlen, Bankrupt. Joyce A. Maitlen v. Dennis Neil MaitlenCourt of Appeals for the Seventh Circuit · 1981
- Theodore F. Melichar v. Betty Jane Ost, in the Matter of Theodore F. Melichar, DebtorCourt of Appeals for the Fourth Circuit · 1981
43 more not listed; retrieve them via the Exa API.