{
  "id": 2862613,
  "name": "Franziska SOSAYA, Plaintiff-Appellee, v. Manuel SOSAYA, Defendant-Appellant",
  "name_abbreviation": "Sosaya v. Sosaya",
  "decision_date": "1977-01-04",
  "docket_number": "No. 11019",
  "first_page": "769",
  "last_page": "770",
  "citations": [
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      "cite": "89 N.M. 769"
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    {
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      "cite": "558 P.2d 38"
    }
  ],
  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
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      "cite": "82 N.M. 324",
      "category": "reporters:state",
      "reporter": "N.M.",
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      "year": 1971,
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    {
      "cite": "80 N.M. 294",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        5354035
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      "weight": 2,
      "year": 1969,
      "opinion_index": 0,
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        "/nm/80/0294-01"
      ]
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  "last_updated": "2023-07-14T20:56:52.908635+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "McMANUS, J., and PAUL SNEAD, District Judge (sitting by designation), concur."
    ],
    "parties": [
      "Franziska SOSAYA, Plaintiff-Appellee, v. Manuel SOSAYA, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "OPINION\nSOSA, Justice.\nDefendant-appellant Manuel Sosaya was held in contempt of court for not paying debts pursuant to an order in his divorce decree and was sentenced to fifteen days in the county jail unless he paid them. He appeals.\nA final decree of divorce was granted to plaintiff-appellee Franziska Sosaya on March 4, 1974. There were no children from the marriage and no alimony was awarded to the appellee. The decree ordered that \u201cthe plaintiff [Franziska] shall pay the indebtedness to American Furniture and Chryster [sic] Credit Corporation, and defendant [Manuel] shall pay the indebtedness to Rhodes, Bellas Hess Department Store, and Woolco Department Store.\u201d On August 14, 1975, Franziska filed a motion and order to show cause directing defendant to show cause why he should not be held in contempt for not paying the obligations. On February 11, 1976, Manuel filed for bankruptcy, and scheduled Woolco, Bellas Hess, Rhodes, and appellee as creditors. His obligations to them were discharged in bankruptcy. Rhodes, Wool-co, and Bellas Hess then proceeded against appellee. Bellas Hess is garnishing her wages presently. The contempt hearing was held on February 26, 1976. On May 1-7, 1976, the trial court entered judgment holding Manuel in contempt.\nAppellant argues that since those debts were dischargeable in bankruptcy, they are not subject to the continuing jurisdiction of the trial court and its contempt powers. Appellee argues that those debts were coupled with the trial court\u2019s in personam order to pay them, thus they are subject to the continuing jurisdiction of the trial court and its contempt power.\nWe have dealt with similar problems before. In Nesbit v. Nesbit, 80 N.M. 294, 454 P.2d 776 (1969), we stated that the distinguishing feature in determining whether a party may be held in contempt for failure to pay debts is whether the debt was part of the division of property or whether the debt was a necessary element of the support and maintenance due the children. In Nelson v. Nelson, 82 N.M. 324, 481 P.2d 403 (1971), we in essence found that a person subject to an in personam order to pay a non-dischargeable debt (taxes) was subject to the trial court\u2019s contempt power if he failed to pay the debt. From this we hold that a person subject to an in personam order to pay a dischargeable debt is not subject to' the trial court\u2019s contempt power, for to hold otherwise would circumvent the policy behind allowing bankruptcies.\nThe trial court is reversed, and the appellant is discharged from the trial court\u2019s contempt order.\nMcMANUS, J., and PAUL SNEAD, District Judge (sitting by designation), concur.",
        "type": "majority",
        "author": "SOSA, Justice."
      }
    ],
    "attorneys": [
      "Houston, Housman, Freeman & Dawe, R. Thomas Dawe, Leslie G. Houston, Albuquerque, for defendant-appellant.",
      "McCulloch, Grisham & Lawless, Stephen F. Lawless, Thomas L. Grisham, Albuquerque, for plaintiff-appellee."
    ],
    "corrections": "",
    "head_matter": "558 P.2d 38\nFranziska SOSAYA, Plaintiff-Appellee, v. Manuel SOSAYA, Defendant-Appellant.\nNo. 11019.\nSupreme Court of New Mexico.\nJan. 4, 1977.\nHouston, Housman, Freeman & Dawe, R. Thomas Dawe, Leslie G. Houston, Albuquerque, for defendant-appellant.\nMcCulloch, Grisham & Lawless, Stephen F. Lawless, Thomas L. Grisham, Albuquerque, for plaintiff-appellee."
  },
  "file_name": "0769-01",
  "first_page_order": 805,
  "last_page_order": 806
}