- 11 U.S.C.
Hackney v. Hackney (In re Hackney)
Oct
10
2008
Ruling
Mortgage obligation to debtor's former spouse was dischargeable in accordance with settlement in debtor's prior bankruptcy.
Procedural posture
Plaintiff former wife and her attorney sued defendant chapter 11 debtor, alleging that two obligations owed by the debtor, which arose out of a divorce proceeding, were nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15). The debtor counterclaimed for breach of contract, fraud, and abusive and outrageous conduct because they failed to abide by a settlement reached in the debtor's previous chapter 11 case. The court held a trial.
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Court
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