Ricci v. Simmons (In Re Simmons)

MEMORANDUM

JAMES J. BARTA, Bankruptcy Judge.

The matter being considered here is the motion of Mark Simmons (“Defendant”) for either judgment on the pleadings, or for summary judgment on the Complaint of Lynn Ricci (“Plaintiff’) to determine that a certain debt is not dischargeable as being a debt for alimony, maintenance or support pursuant to 11 U.S.C. § 523(a)(5). This Memorandum is entered after a consideration of the record as a whole.

To the extent that matters outside the pleadings have been presented to the Court in the Defendant’s motion, such matters are excluded for purposes of this…