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Shine v. Shine

United States Court of Appeals for the First Circuit

802 F.2d 583 (1986)

Relevant factsFree

After Marguerite Shine (plaintiff) won court-ordered monthly maintenance payments from her husband Louis (defendant) in a separate maintenance suit, Louis later obtained a divorce decree elsewhere that didn't address alimony, stopped paying the support obligation, and filed for bankruptcy; Marguerite sought to have the support debt declared nondischargeable under the Bankruptcy Act, but the statutory provision in effect at the time literally covered only debts connected to a 'separation agreement, divorce decree, or property settlement agreement' — a category that didn't technically include her standalone court-ordered support award. The bankruptcy court found the debt dischargeable, the district court reversed, and Louis appealed.

IssueFree

Whether an obvious mistake in a statute will be enforced if the result would override common sense and any evident statutory purpose.

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