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IN RE SOMMERVILLE

Adv. No. 90-0103.

122 B.R. 446 (1990)

In re Charles Edward SOMMERVILLE, Tina Ann Sommerville, Debtors. Charles Edward SOMMERVILLE, Plaintiff, v. Marilyn Annette PYLE, Defendant.

United States Bankruptcy Court, M.D. Alabama.

October 24, 1990.

Attorney(s) appearing for the Case

Collier H. Espy, Dothan, Ala., for debtors.

Philip C. Vitek, Austin, Tex. and Gary A. Hudgins, Dothan, Ala., for defendant.

Kenneth R. Jones of Georgiana, Ala., Trustee.

OPINION ON COMPLAINT TO DETERMINE DISCHARGEABILITY

RODNEY R. STEELE, Chief Judge.

This adversary proceeding in Chapter 7 asks whether debtor's obligation to pay 40 percent of his military retirement to defendant, his ex-spouse, is a dischargeable debt. The parties agreed to submit the question on briefs and the record. Defendant has filed a motion for summary judgment.

The complaint asserts that the obligation is a dischargeable debt because it does...

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