In Re Chappel

Petitioner, Loraine H. Chappel, wife of the bankrupt, Irving R. Chappel, seeks review of the Referee’s order dated April 6, 1965, requiring petitioner to turn over to the trustee in bankruptcy “all of the property heretofore transferred to her under the Interlocutory Decree of Divorce and Property Settlement Agreement,” or the proceeds derived therefrom. The Referee’s Certificate on Petition for Review was filed on May 6, 1965.

A property settlement agreement, executed by the bankrupt and petitioner on February 11, 1964, was incorporated into an interlocutory decree of divorce entered on March 5, 1964. Pursuant to said agreement, petitioner received more than one-half of the community property, the bankrupt agreed to pay family debts and obligations totaling $22,756.01, petitioner agreed to pay $2,000.00 to Irving Chappel’s parents upon the sale of the residence in Newport Beach, and petitioner “For and in consideration of this Agreement * * * hereby expressly waives any and all claims which she has to alimony and support for all time.”

The parties were married on January 24, 1959. Final judgment of divorce was entered on March 5, 1965.

The within proceedings in bankruptcy were…