In the Matter of J. C. Catlow, Debtor. Lawrence J. Marks, Individually and on Behalf of Wendy Kay Hall v. J. C. Catlow

This appeal is from a district court judgment affirming a bankruptcy court judgment declaring an attorney’s fee award nondischargeable in bankruptcy. The issue is whether attorney’s fees awarded to a bankrupt’s former spouse in a post-divorce child custody proceeding in Arizona is non-dischargeable under section 17(a)(7) of the former Bankruptcy Act, 11 U.S.C. § 35 (a)(7) (1976). We conclude that the award is nondischargeable and therefore affirm.

The appellant, J. C. Catlow, and his wife were divorced in 1975. The divorce decree awarded custody of the minor child to Catlow’s wife. In 1977, Catlow sued in an Arizona state court to obtain custody over the child. After the custody proceeding, the court, pursuant to Ariz.Rev.Stat.Ann. § 25-324 (1976), ordered Catlow to pay his former wife’s attorney’s fees for the proceeding. Catlow subsequently filed a voluntary bankruptcy petition in the District of Arizona. The former wife’s attorney, the appellee here, filed a complaint with the bankruptcy court asking that the attorney’s fee award be declared nondischargeable and exempt from the stay of process by Cat-low’s creditors. The bankruptcy court held the fees nondischargeable and…