Gentile v. Gentile (In Re Gentile)

DECISION

BURTON PERLMAN, Bankruptcy Judge.

Defendant debtor filed a petition seeking Chapter 7 relief under the Bankruptcy Code. The present adversary proceeding is a claim by his former wife, plaintiff herein, that she is a creditor of defendant, and that defendant’s failure to pay certain debts as provided in the Decree of Dissolution gives her grounds to assert that those debts which are listed in defendant’s bankruptcy petition are non-dischargeable.

We note that the answer admits that plaintiff is a creditor of defendant, and no issue is made of her standing to contest dischargeability.…