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Opinion 27

Case Name: 

In re Lovett, 6 B.R. 270 (Bankr.D.Utah)

Judge: 
Judge Mabey
Date: 
Sep-26-1980
Case Number(s): 
80-0108
Status: 

PUBLISHED

Body: 

Debtor's ex-wife initiated a prepetition action in state court against debtor for delinquent child support. After debtor's petition was filed, the state court entered a judgment in favor of ex-wife. Debtor moved to stay the judgment and its enforcement in the bankruptcy case. The court held that the state judgment was valid and binding, pursuant to 11 U.S.C. § 362(b)(2), as to the existence of the debt, which is determined under state law. However, the dischargeability of the debt is determined under federal law. Thus, the court must examine the nature of the judgment, and must determine what property of debtor's does not belong to the estate. Debtor's motion was denied, and the court indicated that ex-wife could file a dischargeability complaint under 11 U.S.C. § 523(a)(5), which may receive an accelerated hearing.

Internal Ref: 
Opinion 27
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