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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.