In the Matter of Robert I. Martin, Bankrupt v. Maxine Martin Henley

This is an appeal from district court orders entered on December 8 and 13, 1967, and February 6, 1968, affirming an order of a referee in bankruptcy entered on October 17, 1966. The referee’s order amended, nunc pro tunc, an order entered on August 6, 1964, in In re Robert I. Martin, Bankrupt, granting the bankrupt a general discharge. The effect of the amendment was to provide, specifically, that the listed debt due from the bankrupt to his former wife, Maxine D. Martin (Maxine) constituted maintenance and support of the wife within the meaning of section 17(a) (2) of the Bankruptcy Act (Act), 11 U.S.C. § 35 (a) (2), and is therefore not affected by the discharge and is not a dis-chargeable debt.

A chronological review of the background facts will promote discussion of the issues presented on appeal. On December 27, 1962, Maxine commenced divorce proceedings against Robert I. Martin (Robert) in a California Superior Court. An interlocutory judgment of divorce was entered by default on March 20, 1963. This judgment expressly approved a property settlement agreement entered into by the parties on January 1, 1963. The judgment specifically provided :

Robert complied with the order…