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IN RE RAY

Civ. A. No. 91-K-1912, Bankruptcy No. 90 11047 SBB, Adv. No. 91 1048 SBB.

143 B.R. 937 (1992)

In re Richard Henry RAY, et al., Debtors. WEDGLE & SHPALL, P.C., Plaintiff/Appellant, v. Linda G. RAY, a/k/a Linda G. Thornsberry, Defendant/Appellee.

United States District Court, D. Colorado.

August 7, 1992.

Attorney(s) appearing for the Case

Murray Wilkening, Wedgel & Shpall, P.C., Denver, Colo., for Wedgel & Shpall, P.C.

Patrick Wm. Johnson, Hackethal, McNeil & Aucoin, Lakewood, Colo., for Linda G. Ray.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

This appeal presents an unsettled issue of law under § 523(a)(5) of the Bankruptcy Code: whether attorney fees awarded to the debtor's former husband in child custody proceedings can be discharged by the debtor in bankruptcy. The appellant, Wedgle & Shpall, P.C., argues that such fees are in the nature of support, and that the bankruptcy court erred in permitting them to be discharged. I...

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