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IN RE WHITMAN

Bankruptcy No. 8200817, Adv. No. 820495.

29 B.R. 362 (1983)

In re Donald WHITMAN, Debtor. Albert J. MAINELLI, Jr., Esq., Plaintiff, v. Donald WHITMAN, Defendant.

United States Bankruptcy Court, D. Rhode Island.

May 4, 1983.

Attorney(s) appearing for the Case

Marvin Homonoff, Kirshenbaum & Kirshenbaum, Providence, R.I., for plaintiff.

David Hassenfeld, Providence, R.I., for defendant.

DECISION DETERMINING DEBT TO BE NONDISCHARGEABLE

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

At issue is (1) whether a $500 attorney fee award to the debtor's spouse was in the nature of alimony, maintenance or support, and (2) whether the fee, awarded directly to the attorney, constitutes an assignment of the debt within the meaning of 11 U.S.C. § 523(a)(5)(A).1

The facts are not in dispute. In September 1982, Judge...

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