Legal Opinion

Roberts v. Poole

District Court, N.D. Texas

Decided November 25, 1987No. Civ. A. CA3-87-0774-DPublishedCited by 7 opinions

1Opinion of the Court

OPINION

FITZWATER, District Judge.

A former wife appeals from an adverse bankruptcy court judgment which held that certain periodic payments to be made by her former husband, a chapter 7 debtor, were not in the nature of alimony, maintenance, or support and were thus discharge-able under 11 U.S.C. § 523(a)(5)(B). The principal question presented is whether the bankruptcy court erred in considering extrinsic evidence to interpret the parties’ unambiguous written agreement. Because the bankruptcy court correctly admitted the evidence in question and because its unchallenged factual findings…

2Cases cited9 opinions

  1. Brown v. FelsenSupreme Court of the United States · 1979
  2. In Re Edward Elijah Williams, Debtor. Joyce Colleen Williams v. Edward Elijah WilliamsCourt of Appeals for the Eighth Circuit · 1983
  3. Bankr. L. Rep. P 71,748 in the Matter of Keith E. Benich, Debtor. Jane W. Benich v. Keith E. BenichCourt of Appeals for the Fifth Circuit · 1987
  4. Luda Foster, Etc. v. Ford Motor Company, McLean Trucking Company v. Ford Motor CompanyCourt of Appeals for the Fifth Circuit · 1980
  5. Mrs. David B. Wallace, Sr., and David B. Wallace, Sr. v. William Dale Ener and T. M. KellumCourt of Appeals for the Fifth Circuit · 1975

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

3Cited by7 opinions

  1. Russo v. Wisniewski (In Re Wisniewski)United States Bankruptcy Court, E.D. Wisconsin · 1990
  2. Messnick v. Messnick (In Re Messnick)United States Bankruptcy Court, E.D. Wisconsin · 1989
  3. Davidson v. Davidson (In Re Davidson)United States Bankruptcy Court, N.D. Texas · 1989
  4. Greener v. Cadle Co.District Court, N.D. Texas · 2003
  5. Fraser v. FraserDistrict Court, E.D. Texas · 1996

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

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