In re Cirilli (00-53735)
Plaintiff, ex-wife of the Chapter 7 debtor, objected to discharge of certain debts payable by debtor to her or for her benefit under a divorce decree. The Court granted plaintiff’s request under Section 523(a)(5) as to house payments because the Court found the payments are in the nature of child support. The Court granted plaintiff’s request under Section 523(a)(15) as to two credit card debts incurred during the marriage because plaintiff met the prima facie case for nondischargeability, and debtor failed to establish either of the two exceptions. In considering an exception to nondischargeability under Section 523(a)(15)(A), the Court adopted a four-factor test to determine that debtor had ability to pay the two debts.
File:
Date:
Friday, July 13, 2001