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Anderson v. Richards (In re Anderson)

Anderson v. Richards (In re Anderson)

Ruling
Debt owed to former spouse that was not properly scheduled was not discharged although property settlement claim was matter for abstention.
Procedural posture

Plaintiff debtor filed an adversary proceeding seeking to avoid a mortgage he granted to defendant creditor, his former wife, pursuant to a separation agreement as discharged. The creditor counterclaimed, asserting neither her claim nor her security interest in real property were discharged, pursuant to 11 U.S.C.S. § 523(a)(3) and (15). She moved for summary judgment on those issues.

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Consumer opinion summary, case decided on December 10, 2009 , LexisNexis #0110-117