Supreme Court Corner

By M. Jonathan Hayes

Wetmore v. Markoe, 196 U.S. 68 (1904)

Issue: Is a non-modifiable judgment for alimony a “debt” and therefore discharged (under the definition of debt at the time)?

Holding: No

Justice William R. Day

As part of her divorce, Mrs. Wetmore (now Markoe) was awarded alimony and child support. “The decree did not reserve any right of subsequent modification or amendment.” Three years later Mr. Wetmore was considerably behind in the payments so he filed . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

Merideth Akers
January 22, 2023
Who is the person sitting at that workstation? Is it Noah Non-exempt? Is it Emma Exempt? Or, is it Connie Contractor? It is vital that I know who the person is sitting at that workstation. Do I have to pay the person sitting at that workstation overtime pay? Can I reduce the person’s pay for leaving an hour early? Do...
Members
Copy of Hildebrand-2016
November 9, 2025
Party objecting to a proof of claim bears the initial burden of proof to overcome the presumption of validity. Upon overcoming that presumption, the creditor then has the burden of proof to establish the validity of its claim.
Members
August 11, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Exemptions in consumer cases have always presented difficult problems for practitioners and trustees. In a bow to states’ rights, the Bankruptcy Act of 1898 deferred to exemptions created by state law. When BAPCPA was enacted in 2005, Congress continued the practice of allowing each state to “opt out” of...
Members
June 28, 2020
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Dao,1 Bankruptcy Judge Christopher Klein on May 11 ruled on an issue on which the circuits are split and certiorari is pending.2 Judge Klein agreed with the majority view that, under paragraph 362(c)(3) of the Bankruptcy Code, the automatic stay terminated 30 days after the order...
Members
Academy-emeritus-Logo-gold3
August 25, 2024
As a follow up to No Gracie, LLCs May Not File Chapter 13, we posed some questions to the NACTT Emeritus Trustees group. We think you will find their answers interesting and thought provoking.
Members
May 2, 2021
By Cathy Moran, Esq., (Redwood City, CA) I don't know just what makes Parker such a treat for me, but it delivers multiple thrills to my bankruptcy lawyer heart. It's a stay violation case with a BIG sanctions award. It's a clearly, simply written opinion that lays out the circuit law on multiple issues. It hits hard at HOA hubris....
Members
image
May 11, 2025
Chief Judge Theodor C. Albert passed away suddenly on May 5th. Our condolences to his family, friends, and colleagues.
moran_cathy
August 6, 2023
I was the third attorney on this lien avoidance matter. Instead of it being “third time’s the charm”, it came close to being “three strikes and you’re out.” All because of FRBP 7041. This was the set up: debtor’s original counsel filed a number of lien avoidance actions, including the one against a landlord with a large default judgment. The...
Members
moran_cathy
November 17, 2024
For nearly a year, I’ve been hanging out on a Facebook “bankruptcy support” group. It’s a world full of misunderstanding, fear, and anguish. But it’s also clear to me that our profession can learn some things from that stew, both individually and collectively. We need to work together to fix the disconnect. Ideas? We would love to hear them.
Members
norton
Continuing your summer reading, Judge Norton shares with subscribers a three-part outline on zealous advocacy followed by a multi-part Addendum of case summaries broken into various categories. We believe you will enjoy this resource. This week we offer the first group of cases from the Addendum. These cases deal with behavior. Part 1 - History of Zealous Advocacy Part 2 - How Have Courts Discussed “Zealous Advocacy”? Part 3 - Practical Takeaways
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: