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IN RE CERTO

Bankruptcy No. 83-01110-BKC-TCB, Adv. No. 83-0657-BKC-TCB-A.

33 B.R. 561 (1983)

In re Francis A. CERTO, Debtor. Evan Jay BYER, Plaintiff, v. Francis A. CERTO, Defendant.

United States Bankruptcy Court, S.D. Florida.

September 7, 1983.

Attorney(s) appearing for the Case

Evan Jay Byer, North Miami Beach, Fla., for plaintiff.

Francis Certo, North Miami Beach, Fla., debtor/defendant, pro se.

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

Plaintiff seeks exception from discharge under § 523(a)(5) of a claim in the amount of $3,500. The debtor has answered. The matter was tried on September 1.

The debtor's marriage was dissolved by a final judgment entered January 29, 1980, in Florida. The judgment incorporated an Agreement between the parties which expressly waived the wife's right to periodic alimony. The Agreement awarded...

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