Valentine v. Valentine

Ability to pay is not relevant under 11 U.S.C. § 523(a)(15).  Debt arising from Final Decree and Minute Order issued in dissolution of marriage proceeding is either non-dischargeable under 11 U.S.C. § 523(a)(5) because it is a domestic support obligation, or it is nondischargeable under 11 U.S.C. § 523(a)(15) because it is not a domestic support obligation.  Whether plaintiff could enforce her non-dischargeable judgment against defendant's Veteran's Disability Benefits is an issue for the state court.  2012 WL 830621 (Bankr.D.N.M. March 3, 2011, J. Jacobvitz).

Date: 
Thursday, March 3, 2011
Keyword: 
Dischargeability