Legal Opinion

Peni Nitz v. Darrell Nitz

Court of Appeals for the Tenth Circuit

Decided December 22, 1977No. 76-1412PublishedCited by 27 opinions

1Opinion of the Court

HOLLOWAY, Circuit Judge.

Darrell Nitz appeals from a judgment of the district court which reversed a bankruptcy judge’s determination that certain financial obligations incurred by Darrell and Peni Nitz during their marriage, and assumed by Darrell Nitz pursuant to their divorce decree, do not constitute non-dis-chargeable obligations for alimony or for maintenance or support of wife or child, 11 U.S.C. § 35(a)(7) (1970), but rather are in the nature of a property settlement and are therefore dischargeable in bankruptcy.

The record shows the following facts which are undisputed: During 1974,…

2Cases cited10 opinions

  1. De Sylva v. BallentineSupreme Court of the United States · 1956
  2. In the Matter of Kenneth Leroy Waller, Bankrupt, Madeline R. Waller v. Kenneth Leroy WallerCourt of Appeals for the Sixth Circuit · 1974
  3. United States v. Bob Lawrence Realty, Inc.Court of Appeals for the Fifth Circuit · 1973
  4. Sharon Rachbach, and Cross-Appellant v. John M. Cogswell and Saul N. Davidson, and the Public Trustee of the County of Arapahoe, State of ColoradoCourt of Appeals for the Tenth Circuit · 1977
  5. Potucek v. Cordeleria LourdesCourt of Appeals for the Tenth Circuit · 1962

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3Cited by27 opinions

  1. Warner v. Warner (In Re Warner)United States Bankruptcy Court, D. Utah · 1980
  2. In Re SampsonCourt of Appeals for the Tenth Circuit · 1993
  3. Betty Janell Goss v. Lloyd Wayne GossCourt of Appeals for the Tenth Circuit · 1983
  4. Petoske v. Petoske (In Re Petoske)United States Bankruptcy Court, E.D. New York · 1982
  5. Diers v. Diers (In Re Diers)United States Bankruptcy Court, S.D. Ohio · 1980

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