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IN RE KLOSS

Bankruptcy No. 5-82-00696, Adv. No. 5-82-0698.

29 B.R. 720 (1983)

In re William J. KLOSS, Debtor. Tony MANCUSO and Frank Ventre, Jr., d/b/a Mancuso and Ventre, Plaintiffs, v. William J. KLOSS, Defendant.

United States Bankruptcy Court, M.D. Pennsylvania.

May 12, 1983.

Attorney(s) appearing for the Case

Frank Ventre, Jr., Syracuse, N.Y., for plaintiffs.

Daniel K. Mathers, Williamsport, Pa., for defendant.

OPINION

THOMAS C. GIBBONS, Bankruptcy Judge:

The issue presented in this case is whether an award of attorneys' fees granted in a divorce proceeding is nondischargeable under 11 U.S.C. § 523(a)(5). Under the facts of this case we find that the award of fees is in the nature of maintenance, alimony or support and thus is nondischargeable.

The parties have waived an evidentiary hearing and have submitted the case for decision based on a stipulation...

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