In re Shepard

¶1Bankruptcy — Discharge—Alimony.

¶2Alimony awarded to a divorced wife by the judgment of a court of competent jurisdiction, to be paid in fixed weekly installments, and overdue at the time the husband files his petition in bankruptcy, is not such a debt as will be released by his discharge; and therefore the wife will not he stayed, pending the bankruptcy proceedings, from pursuing appropriate remedies for its collection.

¶3In Bankruptcy.

¶4George Sbepard was made defendant in an action for absolute divorce, brought by his wife In a state court having jurisdiction in the premises. In this suit alimony was awarded to the plaintiff, to be paid by the defendant a.t the rate of §20 per week, together with counsel fees. Pending a motion in the state court to commit him for contempt of court in failing to pay the alimony due to the plaintiff, — which had accumulated, and was then in arrear lo the extent of about §1,300, — Shepard filed his voluntary petition in bankruptcy. and was duly adjudged bankrupt. The indebtedness to his wife was included in his list of debts and creditors filed in the bankruptcy proceedings. The court of bankruptcy, on motion, granted an order temporarily staying all action on the part of the wife looking to the enforcement of her remedies against the bankrupt for the collection of this debt; and the ease is now before the court on an order to show causo why the stay should not be made permanent until the determination of the bankrupt’s application for discharge, under section 11 of the bankruptcy act of 1898, which provides that a suit pending against a bankrupt at the time of his adjudication, if “founded upon a claim from which a discharge would he a release, … may be stayed until twelve months after the date of such adjudication, or if, within that time, sucli person applies for a discharge, then until the question of such discharge is determined.”

¶5Benjamin D. Levy, for bankrupt.