You are here

In re Michael E. Cummings and Diane L. Cummings

Bankr. No.: 
91-30076
Adv. No.: 
92-3002
Chapter: 
7
Date of Decision: 
November 3, 1992
Issue: 
Whether Debtor's obligation, created by a divorce settlement, to remove a second mortgage on his ex-wife's home is non dischargeable under § 523(a)(5)?
Ruling: 
Debtor's obligation to remove the second mortgage is non dischargeable under § 523(a)(5) because it is an obligation in the nature of support, not a property settlement. Significant facts included: Debtor received the business that was financed by the loan and second mortgage; his pre-divorce child support obligation was reduced when he assumed the second mortgage; his ex-wife could not afford to keep the home with both mortgages on it; and his ex-wife and children intended to remain in the home for at least thirty months.
Full Bankruptcy Court Decision: