Battaglia v. Battaglia (In re Battaglia)

MEMORANDUM OPINION ON CROSS MOTIONS FOR SUMMARY JUDGMENT REGARDING DISCHARGE OF LUMP SUM ALIMONY

K. RODNEY MAY, Bankruptcy Judge.

THIS CASE came on for hearing on cross motions for summary judgment filed by the debtor (Document No. 29) and by the defendant, the debtor’s former spouse (Document No. 37).

This proceeding arises from a 1996 divorce judgment, which has been contested for more than eight years, and from Mr. Battaglia’s intervening bankruptcy case. He filed this adversary proceeding after reopening his Chapter 7 case.1

The debtor seeks an injunction and sanctions against his former…