In re Daniel (Ch. 7 Case No. 01-54502, Adv. No. 02-05013)
Hester contended that the debtor's obligations arising from their divorce were nondischargeable. The Court held that the obligations were dischargeable under 11 U.S.C.A. section 523(a)(15) because the debtor did not have the ability to pay the obligations. The Court held that the debtor's agreement not to list her divorce obligations on a bankruptcy petition was not enforceable. The Court further held that the debtor's agreement that the obligations would not be dischargeable in bankruptcy was not dispositive of the issue under section 523(a)(15) under the facts of this adversary proceeding.