In Re Thomas Chalkley, M.D. Debtor. Thomas Chalkley, M.D. v. Cynthia A. Carroll

53 F.3d 337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re Thomas CHALKLEY, M.D. Debtor. Thomas CHALKLEY, M.D. Appellant, v. Cynthia A. CARROLL, Appellee. No. 93-17198. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 13, 1995. Decided April 25, 1995. Before: TANG, SCHROEDER and TROTT, Circuit Judges. 1 MEMORANDUM * 2 This appeal presents the issue of whether a debt owed by Thomas A. Chalkley to his ex-wife Cynthia Carroll under the terms of a divorce decree is "in the nature of alimony, maintenance, or spousal support" and is thus nondischargeable in bankruptcy or, alternatively, the debt is in the nature of a property settlement and is thus dischargeable in bankruptcy. See 11 U.S.C. Sec. 523 (a). The bankruptcy court, after a trial held in October 1992, found that the debt was intended as spousal maintenance and nondischargeable in bankruptcy. The Bankruptcy Appellate Panel (BAP) affirmed. We have jurisdiction under 28 U.S.C. Sec. 158 (d)…