Brasher v. Brasher (In Re Brasher)

MEMORANDUM OPINION AND ORDER

WILLIAM B. LEFFLER, Chief Judge.

In this Chapter 7 case, the debtor’s ex-wife has objected to his discharge of joint debts which he agreed to assume in the property settlement accompanying the parties’ divorce. Because the Court finds fraud to have existed, the debts are declared nondischargeable under 11 U.S.C. § 523(a)(2)(A).

The facts are not substantially in dispute. On January 28, 1982 the parties obtained their final decree of divorce and incorporated in that decree a property settlement upon which the parties had agreed. Both plaintiff and defendant were…