Banks v. Wells

Weltner, Justice.

Wells brought a contempt action against his former wife for failure to pay to him a sum of approximately $5,000, pursuant to a divorce decree. The trial court found Mrs. Banks in contempt of court and ordered her incarcerated, allowing her until 5:00 p.m. of that day to purge herself by paying the sum. At around 4:30 p.m. that afternoon, she filed a petition for bankruptcy, seeking a discharge of the debt. The bankruptcy court adjudicated the debt dischargeable as a property settlement. On rehearing, the trial court held that the contempt order remained in effect. We granted…