Walton v. McCutcheon (In Re McCutcheon)

ORDER GRANTING SUMMARY JUDGMENT

MARGARET H. MURPHY, Bankruptcy Judge.

In this adversary proceeding, the United States Trustee (“Trustee”) seeks a determination that the debts in Debtor’s current bankruptcy case should be determined nondischargeable under § 523(a)(10) because they are the same debts listed by Debtor in a prior case in which Debtor waived his discharge. As the facts are essentially undisputed, Trustee filed a motion for summary judgment, which Debtor opposes.

On April 25, 2001, Debtor filed Chapter 7 Case Number 01-65565 (the “First Case”). 1 On August 6, 2001, a creditor objected…