In Re Crosswhite

148 F.3d 879 (7th Cir. 1998)

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Nature of the Case

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Facts

H and W's marriage was dissolved in August 16, 1994. H was ordered to pay child support, and the terms of the property settlement were incorporated into the divorce decree. H kept the marital residence and agreed to pay W $8,000 as a property equalization payment. H also agreed to hold W harmless on two joint debts of $3,489 and $1,700. H did not pay those obligations and instead filed for bankruptcy for relief under Chapter 7. The creditors sued W, and W even restructured the loan of one of them and made monthly payments. W then filed an adversary proceeding to determine the dischargability of H's property settlement obligations. The court held the obligations were dischargeable under 11 U.S.C. section 523(a)(15)(B). W appealed