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IN RE GENDREAU

BAP No. NV-94-1832-HaMeAs. Bankruptcy No. 93-31897-JHT. Adv. No. 93-3119.

191 B.R. 798 (1995)

In re William O. GENDREAU, Debtor. William O. GENDREAU, Appellant, v. Colleen Rae GENDREAU, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 14, 1995.

Amended Opinion January 31, 1996.

Attorney(s) appearing for the Case

John R. Martz, Reno, NV, for Appellant.

Peter L. Flangas, Gus Flangas, Las Vegas, NV, for Appellee.

Before HAGAN, MEYERS and ASHLAND, Bankruptcy Judges.

AMENDED OPINION

MEYERS, Bankruptcy Judge:

I

Chapter 7 bankruptcy debtor William Gendreau ("Debtor") filed a complaint against his former spouse Colleen Gendreau ("Appellee") for a declaratory judgment that his obligation to pay pension plan benefits to her pursuant to their divorce decree was a dischargeable debt. On opposing motions for summary judgment, the bankruptcy court held that the Appellee's right to a portion of the Debtor's pension benefits...

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