Frisby v. Hileman (In Re Hileman)

DECISION

BURTON PERLMAN, Bankruptcy Judge.

Defendant in this adversary proceeding, debtor in the related Chapter 7 bankruptcy case, is here being sued by plaintiff, his former spouse. The controversy relates to whether a certain payment required by the Separation Agreement incorporated into the divorce decree, undertaken by defendant to plaintiff, is nondischargeable within the provision of 11 U.S.C. § 523(a)(5), as being to a former spouse for alimony, maintenance, or support.

The parties were married August 23, 1980. Prior to the marriage plaintiff had owned a house which was sold, and from…