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IN RE BIRDSEYE

No. 76-1008.

548 F.2d 321 (1977)

In re John Clinton BIRDSEYE, Bankrupt. BRODY AND BRODY, Plaintiff-Appellee, v. John Clinton BIRDSEYE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided January 20, 1977.

Attorney(s) appearing for the Case

Harry Sobol, Denver, Colo. (Sobol & Sobol, a Professional Corp., Denver, Colo., on the brief), for plaintiff-appellee.

Cheryl L. Turk, Denver, Colo. (Charles D. Burg, Denver, Colo., on the brief), for defendant-appellant.

Before LEWIS, Chief Judge, and McWILLIAMS and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

The issue presented is whether an award of attorney fees made in a Connecticut divorce proceeding is a non-dischargeable debt under 11 U.S.C. § 35(a)(2) in bankruptcy proceedings later brought in the United States District Court for the District of Colorado by the debtor-husband. The district court held that the debt was not dischargeable in the present bankruptcy proceedings and the bankrupt now appeals. We affirm.

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