Mancuso v. Kloss (In Re Kloss)

OPINION

THOMAS C. GIBBONS, Bankruptcy Judge:

The issue presented in this case is whether an award of attorneys’ fees granted in a divorce proceeding is nondischargeable under 11 U.S.C. § 523(a)(5). Under the facts of this case we find that the award of fees is in the nature of maintenance, alimony or support and thus is nondischargeable.

The parties have waived an evidentiary hearing and have submitted the case for decision based on a stipulation of facts. These facts indicate that William J. Kloss, the debtor, commenced an action for divorce against his wife in New York in June of 1981. The…