Appling v. Rees (In Re Appling)

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT

ROBERT E. BRIZENDINE, Bankruptcy Judge.

This adversary proceeding is before the Court on Plaintiff-Debtor’s motion for summary judgment. In his complaint, Debtor seeks a determination that a jury award arising out of the parties’ divorce, which requires him to pay Defendant the sum of $3,000 per month for a period of 84 months, is dis-chargeable as a division of property. Defendant counters that the obligation is in the nature of alimony, maintenance, or support and thus is nondisehargeable…