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IN RE FOSS

Civ. A. No. 88-1005-K.

87 B.R. 167 (1988)

In re Harold Wayne FOSS, Debtor. Betty Lou FOSS, Plaintiff, v. Harold Wayne FOSS, Defendant.

United States District Court, D. Kansas.

June 29, 1988.

Attorney(s) appearing for the Case

Keith D. Richey, Wichita, Kan., for plaintiff.

Robert Cornwell, Wichita, Kan., for defendant.

MEMORANDUM AND ORDER

PATRICK F. KELLY, District Judge.

This is an appeal of the bankruptcy court's order that monthly payments from one former spouse to another labeled "alimony" in the divorce settlement are alimony and thus not dischargeable under 11 U.S.C. § 523(a)(5). Having found the payments nondischargeable as alimony, the bankruptcy court refused to hear testimony regarding the present changed circumstances of the parties. The bankruptcy court...

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