Dey v. Dey (In Re Dey)

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

In November of 1982, the plaintiff’s and defendant’s motions for summary judgment were denied and a hearing was ordered at which this Court would look behind a judgment in a State Court matrimonial proceeding and receive evidence on the underlying nature of the indebtedness which plaintiff, Mrs. Dey, claims to be nondischargeable under 11 U.S.C. § 523(a)(4) and (a)(6). The judgment was the result of an oral stipulation between the parties incorporated and merged in the decree of divorce. The denial of the summary judgment motions was…