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Shaver v. Shaver (In re Shaver) (Case No. 13-51460; A.P. No. 14-05005) 8/5/2014

Court ruled that provisions of a separation agreement wherein Husband agreed to pay certain expenses to the Wife on a monthly basis were nondischargeable under Bankruptcy Code § 523(a)(15).  Specifically, the Court found that the Separation Agreement created a new debt for which the Husband was liable to the Wife, which they then incorporated into the Property Settlement Agreement as part of their divorce.  Accordingly, the Court found that the debt arose in contemplation of divorce, as required by section 523(a)(15).

Date: 
Tuesday, August 5, 2014
Category: 
Attorneys Fees
Dischargeability
Domestic Support Obligations
Chapter: 
7