Krempa v. Westerbeek (In Re Krempa)

OPINION

JEFFREY R. HUGHES, Bankruptcy Judge.

On May 25, 2005, James F. Krempa (“Debtor”) filed a petition for relief under Chapter 7 of the Bankruptcy Code. 1 Shortly thereafter Debtor commenced this adversary proceeding against his former wife, Beth A. Westerbeek. Debtor seeks a declaration from the court that his obligation under a prior divorce judgment to make what the parties have characterized as “Section 71(b)” payments is subject to the discharge provided to debtors seeking relief under Chapter 7 of the Bankruptcy Code. See, 11 U.S.C. § 727(a). 2 Such a declaration is permitted under…