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MELICHAR v. OST

No. 81-1139.

661 F.2d 300 (1981)

Theodore F. MELICHAR, Appellee, v. Betty Jane OST, Appellant. In the Matter of Theodore F. MELICHAR, Debtor.

United States Court of Appeals, Fourth Circuit.

Decided October 6, 1981.

Rehearing Denied November 19, 1981.

Attorney(s) appearing for the Case

Charles C. Bowie, Rockville, Md. (Brault, Graham, Scott & Brault, Rockville, Md., on brief), for appellant.

Bert W. Kapinus, Mount Rainier, Md., for appellee.

Before WINTER, Chief Judge, and BUTZNER and SPROUSE, Circuit Judges.

WINTER, Chief Judge:

The issue before us is whether the bankrupt's obligation to make certain payments to his former wife pursuant to a marital settlement agreement was a debt for "alimony" within the meaning of § 17(a)(7) of the pre-1978 Bankruptcy Act, 11 U.S.C. § 35(a)(7)1 so as to except it from discharge. Originally, the bankruptcy court was of the view that the debt was alimony and was not discharged, and it persisted in...

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