IN RE NEELY

Bankruptcy No. 585-00035, Adv. No. 585-0034.

59 B.R. 189 (1986)

In re Patrick Thomas NEELY, Debtor. Mary A. Barthen NEELY, Plaintiff, v. Patrick Thomas NEELY, Defendant.

United States Bankruptcy Court, D. South Dakota.

March 28, 1986.


Attorney(s) appearing for the Case

Homer Kandaras, Moore & Kandaras, Rapid City, S.D., for plaintiff Mary A. Barthen Neely.

Wm. Jason Groves, Rapid City, S.D., for debtor/defendant Patrick Thomas Neely.


MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

Introduction

This matter is before the Court on a complaint to determine dischargeability of a debt filed on behalf of Mary A. Barthen Neely by Attorney Homer Kandaras on December 23, 1985. The complaint substantively alleges that: 1) Debtor's failure to pay to plaintiff/ex-spouse forty percent of his military pension as required by a Dissolution Judgment proviso constituted "defalcation...

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