Legal Opinion

Swate v. Hartwell

Court of Appeals for the Fifth Circuit

Decided November 21, 1996No. 96-20251, 96-20252PublishedCited by 24 opinions

1Opinion of the Court

LAKE, District Judge:

Tommy E. Swate appeals from a judgment affirming the bankruptcy court’s order that lump-sum damages awarded by a state court for future alimony are not dischargeable under 11 U.S.C. § 523(a)(5). We Affirm.

I. Background

Swate and Dian Frances Hartwell entered into an Agreement Incident to Divorce to dissolve their marriage on July 31,1981. On October 7,1981, the state court signed a final Decree of divorce that incorporated the parties’ obligations under the Agreement Inei-dent to Divorce. The agreement and decree required Swate to pay Hartwell $1,000 per month, terminable…

2Cases cited34 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme 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. Wetmore v. MarkoeSupreme Court of the United States · 1904
  4. RecoverEdge L.P. v. PentecostCourt of Appeals for the Fifth Circuit · 1995
  5. United States v. Bernice H. ShanbaumCourt of Appeals for the Fifth Circuit · 1994

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3Cited by24 opinions

  1. Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
  2. Joel Bradberry v. Jefferson County, TexasCourt of Appeals for the Fifth Circuit · 2013
  3. Saler v. Saler (In Re Saler)United States Bankruptcy Court, E.D. Pennsylvania · 1997
  4. Egleston v. EglestonCourt of Appeals for the Fifth Circuit · 2006
  5. Cowell v. Hale (In Re Hale)Bankruptcy Appellate Panel of the First Circuit · 2003

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

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