Bankr. No.:
01-40938
Adv. No.:
01-4035
Chapter:
7
Date of Decision:
May 24, 2002
Issue:
Whether former spouse’s claim against Debtor was nondischargeable under § 523(a)(15)?
Ruling:
The claim was not dischargeable under either §§ 523(a)(15)(A) or (B). Under subsection (A), Debtor had not shown that he was unable to pay the debt, primarily because he had not maximized his income earning potential. Under subsection (B), Debtor had not shown that the benefit in his receiving a discharge would outweigh any detrimental consequences to his former spouse, especially where her income earning potential was lower.
Full Bankruptcy Court Decision:
