NICHOLS v. HENSLER

No. 75-1074.

528 F.2d 304 (1976)

Mary Lee NICHOLS, Plaintiff-Appellee, v. Benton M. HENSLER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 6, 1976.


Attorney(s) appearing for the Case

Dean E. Richards, Indianapolis, Ind., for defendant-appellant.

Irving L. Fink, Indianapolis, Ind., for plaintiff-appellee.

Before STEVENS, Circuit Justice, TONE, Circuit Judge, and HOFFMAN, Senior District Judge.


TONE, Circuit Judge.

The issue before us is the dischargeability in bankruptcy of an obligation to make payments labeled "alimony" in a 1960 Indiana divorce decree. The District Court, without hearing evidence bearing on the issue of dischargeability, entered judgment in favor of the former wife, holding that the obligation was not discharged. We vacate the judgment and remand for a hearing.

Before the entry of the divorce decree the parties entered into a...

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