In the Matter of Donald Eugene Albin, Bankrupt. Donald Eugene Albin v. Wanda Louise Albin

This appeal is from a judgment of the United States District Court for the Eastern District of California reversing and remanding the judgment of a bankruptcy court. The district court held that appellant’s debt to appellee was not dischargeable under § 17(a)(7) of the Bankruptcy Act, 11 U.S.C. § 35 (a)(7). Appellant asserts that his debt to appellee does not constitute alimony or payments for the support of wife or child, which § 17(a)(7) makes not dis-chargeable, but rather constitutes a property settlement which is dischargeable under § 17(a)(7). The bankruptcy court agreed with the appellant while the district court held for the appellee. We agree with the district court and, therefore, affirm.

I.

FACTS.

Appellant Donald E. Albin and appellee Wanda L. Albin were married on August 5, 1947 and lived together as a married couple until May 1970. In the process of dissolving their marriage, the parties, on June 6, 1970, entered into an agreement which provided, inter alia, that appellant would make certain “alimony and support” payments to appellee and the couple’s children, who were in the custody of appellee. The agreement stated that it would be incorporated into any future…