Legal Opinion
Bankr. L. Rep. P 71,575 in Re Richard Laverne Chandler, Debtor. Richard Laverne Chandler v. Rachel Chandler
Court of Appeals for the Fifth Circuit
Decided January 14, 1987No. 85-1764, 86-1178PublishedCited by 37 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
We are asked to decide whether a debtor in Chapter 7 Bankruptcy may discharge as debt the portion of his monthly Army retirement benefits awarded to his wife pursuant to a divorce decree. We conclude that the debtor may not discharge these monthly payments as debt because they are the sole property of the debtor’s former spouse. Accordingly, we affirm the judgment below.
I
On May 28, 1980, a Texas state court entered a decree of divorce terminating the marriage of Richard and Rachel Chandler. The divorce decree awarded Mrs. Chandler $450.00 per month from…
2Cases cited3 opinions
- McCarty v. McCartySupreme Court of the United States · 1981
- Cearley v. CearleyTexas Supreme Court · 1976
- Segrest v. SegrestTexas Supreme Court · 1983
3Cited by37 opinions
- Cleda D. Bush v. Alvin G. Taylor and Barbara F. TaylorCourt of Appeals for the Eighth Circuit · 1990
- Bigelow v. Brown (In Re Brown)United States Bankruptcy Court, N.D. Illinois · 1994
- Resare v. Resare (In Re Resare)United States Bankruptcy Court, D. Rhode Island · 1992
- Bennett v. Bennett (In Re Bennett)United States Bankruptcy Court, E.D. Pennsylvania · 1994
- Corrigan v. Corrigan (In Re Corrigan)United States Bankruptcy Court, E.D. Virginia · 1988
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