Bankr. No.:
86-10144
Adv. No.:
87-1014
Chapter:
12
Date of Decision:
March 23, 1988
Issue:
11 U.S.C., Section 523(a)(5)(B) - whether a debt owed to an ex-spouse pursuant to a decree of divorce entered by a state court is in the nature of alimony, maintenance or support is nondischargeable?
Ruling:
In re Neely, 59 B.R. 189 (Bkrtcy. D.S.D. 1986) - (Guidelines - derivatives of 8th Circuit Court of Appeals opinions of Draper v. Draper, 790 F2d 52, (1986); Boyle v. Donovan, 724 F2d 681 (1984); In re Williams, 703 F2d 1055 (1983)); Definition of Support - Scheible, Defining "Support" Under Bankruptcy Law, 41 Vand. L.R. 1, f.n. 25 (1988); Burden of Proof - Matter of Myers, 61 B.R. 891 (Bkrtcy. N.D. Ga. 1986); Debt considered to be support.
Full Bankruptcy Court Decision:
Appeal Summary:
The district court affirmed the bankruptcy court’s decision. Eighth Circuit also affirmed. District Court Opinion and Eighth Circuit Opinion no longer available.