11/19/2012 07:20:00 AM EST
In re Wise, 2012 Bankr. LEXIS 5176 (Bankr. E.D. Tex. Nov. 5, 2012)
Collier on Bankruptcy was cited in this recent decision:
Collier on Bankruptcy section cited: 4 Collier on Bankruptcy ¶ 523.23 (accessible by lexis.com subscribers)
Lexis.com subscribers can view the enhanced version of In re Wise.
LexisNexis Overview: An arbitrator assigned to the parties' divorce case made an award of property and allocation of debts. A state court incorporated the award into its divorce judgment. The debtor failed to pay certain obligations allocated to her and failed to make a property equalization payment. The former husband filed a motion to enforce the divorce judgment, and the court granted him a judgment against the debtor (the enforcement judgment). Initially, the court held that the former husband's complaint was not untimely, as the nondischargeability of a debt under § 523(a)(15) did not have to be established prior to the entry of a discharge order. Under the Rooker-Feldman doctrine, the court would not consider alleged deficiencies in the process that led to entry of the enforcement judgment. The fact that the enforcement judgment may have lapsed under state law did not preclude a determination of dischargeability. The debt was nondischargeable under § 523(a)(15) because it evidenced a debt that the debtor owed to her former husband that was created by a state court that documented and implemented the marital dissolution of the parties [an annotated version of 11 U.S.C.S. § 523 is available to lexis.com subscribers].
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