In Re Alcorn

The matter is before the Court upon the petition for review of an order of the Referee in Bankruptcy, pursuant to the provisions of 11 U.S.C.A. § 67 . The petitioner, Hilda Alcorn (also known as Hilda Allcornj, is the divorced wife of the voluntary bankrupt, Homer Alcorn (also known as Homer Allcorn); she is a resident of St. Louis, Missouri, and he is a resident of San Mateo County, California. She has objected to the proof and discharge of a judgment and certain contractual obligations which she contends represent past and future payments for her maintenance and support, but which the bankrupt alleges to be provable and dischargeable liabilities.

The bankrupt filed a voluntary petition in bankruptcy on August 13, 1956. Listed on Schedule A-3, Creditors Whose Claims are Unsecured, is the following item:

The Referee in Bankruptcy, in his order of July 17, 1957, stated:

Questioning the correctness of this ruling, the petitioning judgment creditor, Mrs. Alcorn, demanded a review of the Referee’s holding.

The bankrupt filed a petition for divorce against his wife in 1949 in Missouri, and she subsequently filed a cross bill for divorce against him. The parties entered into an…