In re Crawford, Bankruptcy No. 80-20999
Decision Date | 26 January 1981 |
Docket Number | Bankruptcy No. 80-20999,Adv. No. 80-0207. |
Citation | 8 BR 552 |
Parties | In Re Timothy Byron CRAWFORD, Debtor. Katie M. CRAWFORD, Plaintiff, v. Timothy Byron CRAWFORD, Defendant. |
Court | U.S. Bankruptcy Court — District of Kansas |
William D. Wingfield, Shawnee Mission, Kan., for plaintiff.
John J. Bukaty, Jr., Kansas City, Kan., for debtor-defendant.
F. Stannard Lentz, Shawnee Mission, Kan., Trustee.
This matter came on for hearing on December 17, 1980, upon the complaint of Katie M. Crawford, plaintiff, and former spouse of defendant, Timothy Byron Crawford.
The plaintiff was represented by William D. Wingfield, of the firm of Wexler & Wingfield. The defendant was represented by John J. Bukaty, Jr., of the firm of Williamson, Cubbison & Hardy.
The facts are not in dispute. Both attorneys agree to the authenticity of the divorce decree, a copy of which is attached to the complaint filed herein; both agree that the plaintiff paid the full attorney's fee to her attorney, and now in effect, seeks reimbursement for the fees so paid.
The Court, after hearing arguments of counsel, considering the stipulations, and examining the pleadings filed herein, finds as follows:
1. That the Court has jurisdiction over the parties and the subject matter.
2. That on May 8, 1980, a Decree of Divorce was filed in the District Court of Wyandotte County, Kansas, Case No. 79 D 8643, entitled "Timothy Crawford vs. Katie Mae Crawford" and provided in pertinent part as follows:
3. 11 U.S.C. § 523(a) states in pertinent part as follows:
4. H.R. Report No. 95-959, 95th Congress, 1st Sess. p. 364 (1977), U.S.Code Cong. & Admin.News 1978, pp. 5787, 6320, states in pertinent part, as follows:
". . . What constitutes alimony, maintenance, or support, will be determined under the bankruptcy laws, not State law."
In Monday v. Allen, 4 B.R. 617, 6 B.C.D. 576, 577, E.D.Tenn. (Bkrtcy.1980), the Court stated:
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