Legal Opinion

Theodore F. Melichar v. Betty Jane Ost, in the Matter of Theodore F. Melichar, Debtor

Court of Appeals for the Fourth Circuit

Decided October 6, 1981No. 81-1139PublishedCited by 61 opinions

1Opinion of the Court

WINTER, Chief Judge:

The issue before us is whether the bankrupt’s obligation to make certain payments to his former wife pursuant to a marital settlement agreement was a debt for “alimony” within the meaning of § 17(a)(7) of the pre-1978 Bankruptcy Act, 11 U.S.C. § 35(a)(7) 1 so as to except it from discharge/ Originally, the bankruptcy court was of the view that the debt was alimony and was not discharged, and it persisted in that view after two remands. On the third appeal to it, the district court reversed, ruling that the debt was not alimony.

We reverse the district court and reinstate…

2Cases cited6 opinions

  1. Walters v. WaltersIllinois Supreme Court · 1951
  2. Walters v. WaltersAppellate Court of Illinois · 1950
  3. Mary Lee Nichols v. Benton M. HenslerCourt of Appeals for the Seventh Circuit · 1976
  4. Shacter v. ShacterDistrict Court, D. Maryland · 1979
  5. Melichar v. OstDistrict Court, D. Maryland · 1977

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3Cited by61 opinions

  1. 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
  2. Ford Motor Credit Company v. Robert L. Weaver, John C. Weaver and Sons and Weaver Farms, DefendantsCourt of Appeals for the Sixth Circuit · 1982
  3. Bankr. L. Rep. P 71,535 in Re Brian Tibbetts Yeates, Debtor. Paulette B. Yeates v. Brian Tibbetts YeatesCourt of Appeals for the Tenth Circuit · 1986
  4. William J. Tilley, Jr., 7-85-0031 a v. Joyce JesseeCourt of Appeals for the Fourth Circuit · 1986
  5. In the Matter of Larry Joe LONG, Debtor, Larry Joe LONG, Appellant, v. Penelope WEST, F/K/A Penelope West Long, AppelleeCourt of Appeals for the Fourth Circuit · 1986

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