Schack v. Kappitt (In Re Schack)

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

The debtor/husband seeks a determination under 11 U.S.C. § 523(a)(5) as to the dischargeability of certain obligations imposed by a marital dissolution decree entered in 1982. The defendant/ex-wife moved for a continuance, which was denied on December 11. Defendant has answered and the matter was tried on December 18. At trial, both parties stipulated that the matter could be resolved on memoranda submitted. Only the plaintiff has submitted a memorandum.

In her answer, defendant alleges as an affirmative defense that the husband…