Henry v. Henry (In Re Henry)

MEMORANDUM DECISION

GEORGE L. PROCTOR, Bankruptcy Judge.

Plaintiff, the debtor in this case, has initiated this adversary proceeding to determine the dischargeability of his obligation to make certain mortgage payments on his former marital home. The issue is whether the second mortgage debt of the husband is excepted from the discharge by virtue of § 523(a)(5) of the Bankruptcy Code. Bankruptcy law, not State law, determines whether the obligation in question is in the nature of alimony, maintenance, or support.

The plaintiff and the defendant were divorced on February 6,1979. By the terms of…