Bankr. No.:
03-30055
Adv. No.:
03-3004
Chapter:
7
Date of Decision:
December 19, 2003
Issue:
(1) Whether discovery related order under a § 523(a)(15) action should be vacated because it was too broad? (2) Whether adversary proceeding should be dismissed on Defendant-Debtor’s motion where Plaintiff was reluctant to comply with a discovery request?
Ruling:
(1) It is appropriate in a § 523(a)(15) action to consider Plaintiff’s present spouse’s current income and what share of the household expenses he pays. Without that information, the Court cannot adequately assess the benefits and burdens a discharge of the subject debt may pose on each party, as required by § 523(a)(15)(b). (2) Defendant-Debtor’s motion to dismiss the adversary was held in abeyance pending completion of discovery.
Full Bankruptcy Court Decision:
