Legal Opinion
Mainelli v. Whitman (In Re Whitman)
United States Bankruptcy Court, D. Rhode Island
Decided May 4, 1983No. Bankruptcy No. 8200817, Adv. No. 820495PublishedCited by 8 opinions
1Opinion of the Court
DECISION DETERMINING DEBT TO BE NONDISCHARGEABLE
ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.
At issue is (1) whether a $500 attorney fee award to the debtor’s spouse was in the nature of alimony, maintenance or support, and (2) whether the fee, awarded directly to the attorney, constitutes an assignment of the debt within the meaning of 11 U.S.C. § 523(a)(5)(A). 1
The facts are not in dispute. In September 1982, Judge William R. Goldberg of the Rhode Island Family Court entered a “Decision Pending Entry of Final Judgment” in the divorce proceeding captioned Candace A. Whitman v. Donald R.…
2Cases cited6 opinions
- In Re Theodore W. Spong, Debtor. Raymond J. Pauley v. Theodore W. SpongCourt of Appeals for the Second Circuit · 1981
- French v. Prante (In Re French)United States Bankruptcy Court, S.D. California · 1981
- Pauley v. Spong (In Re Spong)United States Bankruptcy Court, W.D. New York · 1980
- Porter v. Gwinn (In Re Gwinn)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
- Brennan, Steil, Ryan, Bastin & MacDougall, S. C. v. Rodriguez (In Re Rodriguez)United States Bankruptcy Court, W.D. Wisconsin · 1982
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re MichaelsUnited States Bankruptcy Court, D. Massachusetts · 1993
- Soforenko v. Soforenko (In Re Soforenko)United States Bankruptcy Court, D. Massachusetts · 1997
- Sweck v. Sweck (In Re Sweck)United States Bankruptcy Court, D. Rhode Island · 1994
- Young v. Young (In Re Young)United States Bankruptcy Court, D. Rhode Island · 1987
- Long v. Long (In Re Long)United States Bankruptcy Court, E.D. Arkansas · 1984
3 more not listed; retrieve them via the Exa API.