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SIEGEL v. SMITH

No. CIV-83-1074E.

65 B.R. 668 (1986)

Herbert M. SIEGEL, d/b/a Siegel, Kelleher, Hirschorn, Munley & Kahn, Plaintiff-Appellee, v. Robert P. SMITH, Sharon R. Smith, Defendants-Appellants.

United States District Court, W.D. New York.

October 9, 1986.

Attorney(s) appearing for the Case

Mark G. Hirschorn, Buffalo, N.Y., for plaintiff.

Francis Wm. Tesseyman, Buffalo, N.Y., for defendant.

MEMORANDUM and ORDER

ELFVIN, District Judge.

This appeal from a May 5, 1983 Order of Judge Beryl E. McGuire of the United States Bankruptcy Court for the Western District of New York, raises the question whether a debtor's obligation to pay counsel fees incurred by his spouse in connection with a separation agreement constitutes a non-dischargeable debt under 11 U.S.C. § 523(a)(5) when the husband and the wife have filed jointly for relief under Chapter...

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