Carter v. Mullally (In Re Mullally)

Memorandum, and Order

JOHN D. SCHWARTZ, Bankruptcy Judge.

This matter is before the court on the motions of both parties for summary judgment on Linda Carter’s complaint objecting to the discharge of the debtor’s obligations for child support. The debtor has moved for summary judgment on the ground the support obligation is not “in connection with a separation agreement, divorce decree or property settlement agreement”. Plaintiff argues it is the underlying nature of the debt — child support — that is determinative. Summary judgment will be entered in favor of the plaintiff and against the…