Baker v. Baker (In Re Baker)

MEMORANDUM OPINION AND ORDER

HELEN S. BALICK, Bankruptcy Judge.

Patricia Lynn Baker has filed two adversary proceedings against her former husband, Vernon D. Baker, Jr. In the first action she asks for relief from the automatic stay to continue with an action in the Family Court of the State of Delaware to determine their respective rights in marital property. In the second action, she asks that any judgment awarded in the Family Court be declared nondischargeable under 11 U.S.C. § 523(a)(5). Debtor has moved to dismiss the second action.

Although the parties were divorced in April 1984, there…