Shine v. Shine case brief

Shine v. Shine case brief summary
802 F.2d 583 (1986)

CASE SYNOPSIS: Defendant appealed a judgment of the United States District Court for the District of New Hampshire finding a support order for separate maintenance nondischargeable in bankruptcy.

CASE FACTS: Defendant, a debtor in bankruptcy, sought to discharge a debt for an arrearage on a separate maintenance order.

PROCEDURAL HISTORY

• The bankruptcy court found the debt dischargeable because separate maintenance was not specifically excepted from discharge under 11 U.S.C.S. § 523(a)(5) (1978). 
• The district court held that the debt was not dischargeable because to allow the defendant's debt to be discharged would be contrary to congressional intent and public policy. 

DISCUSSION

• The appellate court affirmed the district court's ruling because support obligations have historically been nondischargeable in bankruptcy.

CONCLUSION: The appellate court affirmed the district court's ruling because support obligations have historically been nondischargeable in bankruptcy.