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Order of elijah springfield mo newspaper

29.10.2019

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Other Databases. In re Jensen, supra, at citing Poolman v. In short, undertakings by one spouse to pay the other's debts, including a debt to a lawyer for fees, can be "support" for bankruptcy purposes. William R. If Edward does not pay the lawyer, Joyce will apparently remain liable to him.

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    The Bankruptcy Court's finding of fact that the duties created by the divorce decree were support obligations is not clearly erroneous.

    In re Jensen, supra, at citing Poolman v. News; S.

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    Poolman, F. Christopher J. Edward Elijah Williams, Appellant, F.

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    Here, if Edward's support obligation to Joyce is declared dischargeable, she will never be able to collect it. News In Dyche the wife was not entirely precluded from collecting her claim; she merely had to collect it in smaller installments.

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    Finally, Edward's argument that Joyce failed to make a timely objection to the discharge of the debt for attorney's fees is without merit.

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    This provision is not an "assignment" which would make the debt dischargeable under 11 U. Here, if Edward's support obligation to Joyce is declared dischargeable, she will never be able to collect it.

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    Joyce filed objections, arguing that the obligations were for support and maintenance and therefore nondischargeable under 11 U.

    In short, undertakings by one spouse to pay the other's debts, including a debt to a lawyer for fees, can be "support" for bankruptcy purposes. Poolman, supra. For the reasons set forth below, we affirm. Justia Legal Resources.

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    1. Though we of course regard the decisions of the state courts with deference, bankruptcy courts are not bound by state laws that define an item as maintenance or property settlement, nor are they bound to accept a divorce decree's characterization of an award as maintenance or a property settlement. The Bankruptcy Judge could reasonably find that the financial transfers prescribed by the divorce decree were intended to help Joyce meet her monthly living expenses.