Judge Stocks

Randle v. Highfill (In re Highfill)

Plaintiff creditor, the spouse of defendant bankruptcy debtor, brought an adversary proceeding seeking nondischargeability of marital debts the debtor agreed to pay in the parties'separation agreement, pursuant to 11 U.S.C. § 523(a)(5) and (15). The bankruptcy court conducted a trial.
Portion of debt owed to spouse was deemed nondischargeable since the debtor could pay about half of the debt and the debtor's continued use of an equity line of creditor for which the spouse was still obligated demonstrated bad faith.
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