Shine v. Shine
United States Court of Appeals for the First Circuit
802 F.2d 583 (1986)
- Written by Jamie Milne, JD
Facts
After Marguerite Shine (plaintiff) and Louis Shine (defendant) separated, Marguerite sued Louis for support and was awarded $250 per month. Years later, Marguerite obtained a divorce decree from a separate court. It did not address support. The original support order remained effective throughout, but Louis did not make the payments. Marguerite secured a federal-court judgment against Louis for the unpaid support. However, when she filed suit in state court to collect, Louis filed for federal bankruptcy, staying the state-court proceeding. Marguerite sought a declaration in the bankruptcy proceeding that the support payments were nondischargeable debts that would survive bankruptcy. The bankruptcy court disagreed, holding that the debt was dischargeable because the support obligation was not in connection with a separation agreement or divorce decree. The district court reversed, holding that the debt was nondischargeable based on congressional intent. Louis appealed.
Rule of Law
Issue
Holding and Reasoning (Bownes, J.)
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