Comisky v. Comisky (In Re Comisky)

MEMORANDUM OF DECISION

ALAN JAROSLOVSKY, Bankruptcy Judge.

Plaintiff Susan Comisky is the former wife of debtor and defendant James Comisky. When they were divorced in 1991, their marital settlement agreement provided that James would have possession of the family home. Susan was to receive $38,619.00 for her share of the community, with $20,000.00 payable in cash upon refinancing and the rest in the form of a note secured by the residence.

James refinanced and paid Susan the $20,-000.00 as agreed. However, he was not able to pay the remaining $18,619.00 and filed his Chapter 7 petition on…