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IN RE McNIERNEY

Bankruptcy No. 88-04282-BKC-TCB, Adv. No. 88-0540-BKC-TCB-A.

97 B.R. 648 (1989)

In re Robert J. McNIERNEY, Debtor. Robert J. McNIERNEY, Plaintiff, v. Dorothy McNIERNEY and International Business Machines Corp., Defendants.

United States Bankruptcy Court, S.D. Florida.

February 3, 1989.

Attorney(s) appearing for the Case

Fowler, White, Burnett, Hurley, Banick & Strickroot, P.A., Sandra I. Tart, Miami, Fla., for defendant IBM.

Leslie Gern Cloyd, West Palm Beach, Fla., for trustee Irving E. Gennet.

Steven D. Rubin, Boca Raton, Fla., for plaintiff.

Robert C. Furr, Boca Raton, Fla., for defendant Dorothy McNierney.

MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

The debtor seeks a determination under 11 U.S.C. § 523(a)(5) that the portion of his IBM retirement and pension plan benefits designated as a community property interest of his ex-wife is dischargeable. The defendants have answered. The answer of the ex-wife asserts a counterclaim seeking relief alternatively under § 523(a)(5) or (6). In its answer, IBM asserts a counterclaim and a cross-claim...

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