MATTER OF BENICH

No. 86-1791. Summary Calendar.

811 F.2d 943 (1987)

In the Matter of Keith E. BENICH, Debtor. Jane W. BENICH, Plaintiff-Appellee, v. Keith E. BENICH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 10, 1987.


Attorney(s) appearing for the Case

Joseph D. Martinec, Martinec, Hargadon & Wise, Austin, Tex., for defendant-appellant.

John F. Campbell, Campbell, Davidson & Morgan, Austin, Tex., for plaintiff-appellee.

Before RUBIN, RANDALL, and HIGGINBOTHAM, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The sole issue is whether monthly payments that a now-bankrupt man agreed in a property-settlement agreement to make to his ex-wife for her support for the rest of her life were, however labelled, in reality part of a property settlement, hence dischargeable in bankruptcy, or alimony and support payments that are nondischargeable. The bankruptcy court held that, on the evidence before it, the payments were for alimony or support, and...

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