Edwards v. Edwards (In Re Edwards)

MEMORANDUM OF DECISION

CALVIN K. ASHLAND, Bankruptcy Judge.

The debtor and Tracey Anne Edwards were married. In September 1986 the debtor contends that he and Tracey entered into an oral agreement in which they agreed to file for divorce, waive spousal support, divide the community property equally, and split the debts for which they were jointly liable so that the other party would be held harmless from a debt paid by the responsible spouse.

In October, 1986 the parties were divorced when the state court granted a joint petition for summary dissolution. The state court divorce order did not…