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IN RE STONE

Bankruptcy No. 86-4-2331, Adv. No. 87-0004A.

79 B.R. 633 (1987)

In re Thomas E. STONE, Debtor. Thomas E. STONE, Plaintiff, v. Elaine N. STONE, Defendant.

United States Bankruptcy Court, D. Maryland.

November 9, 1987.

Attorney(s) appearing for the Case

Janet Nesse, Silver Spring, Md., for plaintiff-debtor, Thomas E. Stone.

Walter Johnson, Silver Spring, Md., for defendant, Elaine N. Stone.

Melvin Feldman, Rockville, Md., Trustee of Chapter 7 estate.

MEMORANDUM OF DECISION

PAUL MANNES, Chief Judge.

This case illustrates the tension existing between two principles — the goal of the Bankruptcy Code to provide a fresh start to the honest debtor and the obligation (also recognized under § 523(a)(5) of the Bankruptcy Code) to support one's spouse and children. At issue is whether a bankruptcy court may consider circumstances existing at the time of the filing of the bankruptcy petition in determining...

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