IN RE GIBSON

BAP No. 97-8075.

219 B.R. 195 (1998)

In re Michael A. GIBSON, Debtor. Pattianne GIBSON, Plaintiff-Appellant, v. Michael A. GIBSON, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided April 3, 1998.


Attorney(s) appearing for the Case

Scott H. Scharf, argued, Rubenstein, Novak, Einbund, Pavlik & Celebrezze, Cleveland, OH, for Appellant.

Sheldon Stein, argued and on brief, Cleveland, OH, for Appellee.

Thomas C. Pavlik, on brief, Rubenstein, Novak, Einbund, Pavlik & Celebrezze, Cleveland, OH, for Appellee.

Before LUNDIN, STOSBERG, and WALDRON, Bankruptcy Appellate Panel Judges.


OPINION

During their marriage, Michael A. Gibson, the Debtor, and his former spouse, Pattianne Gibson, borrowed money (the "Note") from Robert Perdue, the Debtor's stepfather. When the parties ended their marriage, the Ohio domestic relations court's final Dissolution Decree incorporated their Separation Agreement, which provided the Debtor "shall pay" the Note. The Debtor filed bankruptcy and included Ms. Gibson and his stepfather as creditors. Ms. Gibson, who...

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