Borzillo v. Borzillo (In Re Borzillo)

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The instant proceeding to determine whether certain obligations undertaken by the Debtor-husband in a separation agreement with his ex-wife are nondischargeable as support and alimony to her under 11 U.S.C. § 523(a)(5), or are dischargeable as elements of a property settlement, obliges us to apply the principles set forth in In re Gianakas, 917 F.2d 759 (3d Cir.1990). We conclude that, while Gianakas references “the language and substance of the agreement” as one of three indicators to be considered in such a determination, a strong…