Rueff v. Rueff (In Re Rueff)

OPINION

LARRY L. LESSEN, Bankruptcy Judge.

The issue before the Court is whether the Debtor may use her bankruptcy to avoid her obligations under a Marital Settlement Agreement to divest herself of fifty percent (50%) of the marital portion of her qualified ERISA pension plan and one hundred percent (100%) of her interest in the marital residence.

The parties have presented this adversary proceeding to the Court on the following stipulated facts: The Plaintiff, Jackson Gale Rueff, filed a petition pursuant to Chapter 7 of the Bankruptcy Code on November 9, 1998. The pleadings indicate that Mr.…