Legal Opinion

Shellem v. Koons (In Re Koons)

United States Bankruptcy Court, E.D. Pennsylvania

Decided March 18, 1997No. 19-11050PublishedCited by 13 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Chief Judge.

A INTRODUCTION

This is an adversary proceeding (“the Proceeding”) based upon new Bankruptcy Code § 523(a)(15). The facts of record establish that ALAN H. KOONS (“the Debtor”) lacks the ability to pay the mortgage and credit card debts for which he agreed to hold his ex-wife, PATRICIA H. SHELLEM (“the Plaintiff’), harmless in a property settlement agreement between the parties, making our decision in favor of the Debtor rather easy to reach under § 523(a)(15)(A).

However, since this is our first decision under § 523(a)(15), we address several issues which have…

2Cases cited28 opinions

  1. Hill v. SmithSupreme Court of the United States · 1923
  2. In Re SmitherUnited States Bankruptcy Court, W.D. Kentucky · 1996
  3. Hill v. Hill (In Re Hill)United States Bankruptcy Court, N.D. Illinois · 1995
  4. In Re FriesUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
  5. Dressler v. Dressler (In Re Dressler)United States Bankruptcy Court, D. Rhode Island · 1996

23 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. In Re WhiteUnited States Bankruptcy Court, N.D. Alabama · 1999
  2. Greco v. Sallie Mae Servicing Corp. (In Re Greco)United States Bankruptcy Court, E.D. Pennsylvania · 2000
  3. Lorenz v. American Education Services/Pennsylvania Higher Education Assistance Agency (In Re Lorenz)Bankruptcy Appellate Panel of the First Circuit · 2006
  4. Halper v. Halper (In Re Halper)United States Bankruptcy Court, D. New Jersey · 1997
  5. Lawrence v. Lawrence (In Re Lawrence)United States Bankruptcy Court, D. New Jersey · 1999

8 more not listed; retrieve them via the Exa API.

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