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Lisa M. Sprouse, Ch. 13, BK07-81752-TJM (Feb. 25, 2008)

The court overruled an objection to plan confirmation filed by the debtor’s former husband because the debt at issue, which arose from the distribution of assets and liabilities at the dissolution of the parties’ marriage, was not a non-dischargeable domestic support obligation. Rather, it “is simply a contract between the debtor and her former husband with regard to a property settlement agreement incorporated into the Dissolution of Marriage Decree. It is not in the nature of support, but is the type of debt dealt with by 11 U.S.C. § 523(a)(15) which is dischargeable in a Chapter 13 case, assuming the debtor obtains confirmation of a Chapter 13 plan and completes payments under such plan.”

Monday, February 25, 2008
Judge Timothy J. Mahoney (Retired)