Smith v. Smith (In Re Smith)

MEMORANDUM OF DECISION

C. TIMOTHY CORCORAN, III, Bankruptcy Judge.

In this adversary proceeding, the debt- or/defendant’s former wife, as plaintiff, seeks a determination that the debtor/defendant’s dissolution of marriage obligation to pay lump sum alimony in periodic installments is “in the nature of alimony, maintenance, or support” and therefore not discharged pursuant to the provisions of Section 523(a)(5) of the Bankruptcy Code. The debtor/defendant characterizes the obligation as a division of property, however, and seeks the court’s determination that the obligation is discharged. For…