Bankr. No.:
96-30056
Adv. No.:
96-3010
Chapter:
7
Date of Decision:
April 2, 1999
Issue:
Whether judgment of non dischargeability entered earlier against defendant-ex husband under §§ 523(a)(5) and (a)(15) should be vacated where the plaintiff-ex wife had now received a Chapter 7 discharge of her obligation on the subject marital debts?
Ruling:
The Court did not vacate or otherwise amend its earlier judgment. That the ex-wife had now received a discharge had no impact on those support debts declared non dischargeable under § 523(a)(5). As to the property settlement debts declared non dischargeable under § 523(a)(15), the Court concluded that the motion was not timely, the debtor-ex husband would still have to prove there was no detriment to his wife if the debt were discharged or that he could not afford to pay the debts, money judgments are generally not subject to a Rule 60(b)(5) motion, and debtor's continued failure to pay the debts forced his ex-wife into bankruptcy. Once, there were no exceptional, unforeseen circumstances warranting a change in the judgment.
Full Bankruptcy Court Decision:
