· 12/19/1986
Bankr. L. Rep. P 71,535 in Re Brian Tibbetts Yeates, Debtor. Paulette B. Yeates v. Brian Tibbetts Yeates
Citations
- 807 F.2d 874
- 1986 U.S. App. LEXIS 34822
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reversing a bankruptcy court decision and rejecting a test for whether an actual duty of alimony existed
- \spouse's need for support is a very important factor in determining the intent of the parties\
- determination of parties' intent \must be made by looking at the substance of the agreement viewed in the crucible of surrounding circumstances\
- debt could be considered in “nature of support” under federal bankruptcy law, even though it would not qualify as support under state law
- federal concept of obligations “in the nature of’ alimony, support or separate maintenance is necessarily broader than state law definitions
- obligation to pay mortgage nondischargeable when necessary to enable former spouse to maintain the home
Source: CourtListener parenthetical corpus (CC0).
Judges: McKAY, Seymour, Ta-Cha
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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