You are here

Tracy J. Lansdowne v. Hal Arden Lansdowne (In re Hal Arden Lansdowne)

Bankr. No.: 
97-40679
Adv. No.: 
97-4055
Chapter: 
7
Date of Decision: 
June 24, 1998
Issue: 
Whether certain debts incurred during a divorce were dischargeable under § 523(a)(5)?
Ruling: 
Plaintiff failed in her burden to show that certain debts to third parties that Defendant-Debtor was ordered to pay pursuant to a divorce decree were non dischargeable under § 523(a)(5) because there was no evidence that debts were divided based on anything but equality, there was no evidence of unequal ability to pay, and there was no evidence the debts were for basic living expenses or that one party had incurred the debts but the other party was ordered to pay them regardless. Debt to Plaintiff's attorney rising from a child support hearing, however, was declared non dischargeable since it was clearer that state court considered the parties' respective abilities to pay and the merit of the movant's claim.
Full Bankruptcy Court Decision: