- 11 U.S.C.
Moyer v. Schloemer (In re Moyer)
Nov
05
2010
Ruling
Debts under divorce decree were dischargeable where creditor spouse failed to meet burden of proof that debtor owed debts in question.
Procedural posture
Plaintiff Chapter 7 debtor filed an adversary proceeding against defendant, his former spouse, seeking a judgment declaring that his former spouse was estopped from asserting that debts he owed under a divorce decree were nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15). The debtor's former spouse filed a motion for judgment on the pleadings or, in the alternative, for summary judgment.
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Court
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