Legal Opinion
Lipsey v. Patalano (In re Patalano)
District Court, D. Rhode Island
Decided December 9, 1986No. Bankruptcy No. 8600267; Adv. Nos. 860069, 860070Published
1Opinion of the Court
ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.
Heard on November 3, 1986 on the complaints of Carmela Patalano and Howard Lipsey, Esq., pursuant to 11 U.S.C. *31§ 523(a)(5) to determine the dischargeability of certain debts.1
The issue is whether an order for payment of $160 per week by the debtor to his former spouse, provided for in a final decree of divorce entered by the Family Court on April 26, 1982, is alimony, and therefore nondischargeable. The dispute over the nature of the payments arises from the wording of the final decree, which states that Domiano Patalano “shall pay to [Carmela…
2Cases cited4 opinions
- In Re Theodore W. Spong, Debtor. Raymond J. Pauley v. Theodore W. SpongCourt of Appeals for the Second Circuit · 1981
- In Re Edward Elijah Williams, Debtor. Joyce Colleen Williams v. Edward Elijah WilliamsCourt of Appeals for the Eighth Circuit · 1983
- Mainelli v. Whitman (In Re Whitman)United States Bankruptcy Court, D. Rhode Island · 1983
- Rich v. Rich (In Re Rich)United States Bankruptcy Court, D. Massachusetts · 1984