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Shine v. Shine

United States Court of Appeals for the First Circuit
802 F.2d 583 (1986)


Facts

Marguerite Shine (plaintiff) and Louis Shine (defendant) separated in 1972. Mrs. Shine sued Mr. Shine for maintenance payments and was awarded $250 per month. Three years later, Mr. Shine obtained a divorce decree from a separate court. The decree did not include a provision for alimony and support. Mr. Shine did not pay the monthly support payments and eventually filed for bankruptcy. Mrs. Shine filed a complaint in the bankruptcy court, seeking to declare the support payments as nondischargeable in bankruptcy under the Bankruptcy Act, 11 U.S.C. § 523(a)(5). The bankruptcy court determined that the support-payment debt was dischargeable, and Mrs. Shine appealed to the district court, which reversed. Mr. Shine appealed to the United States Court of Appeals for the First Circuit.

Rule of Law

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Issue

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Holding and Reasoning (Bownes, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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