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IN RE MADDIGAN

Bankruptcy No. 00-11352 B. Adversary No. 00-1133 B.

259 B.R. 810 (2001)

In re Craig J. MADDIGAN, Debtor. Falk & Siemer, LLP, Plaintiff, v. Craig J. Maddigan, Defendant.

United States Bankruptcy Court, W.D. New York.

March 14, 2001.

Attorney(s) appearing for the Case

Falk & Siemer, LLP, Carol D. Collard, of counsel, Buffalo, New York, for plaintiff.

Aaron, Dautch, Sternberg & Lawson LLP, William E. Lawson, of counsel, Buffalo, New York, for defendant.

Leonard F. Walentynowicz, Buffalo, New York, of counsel to William Lawson.

CARL L. BUCKI, Bankruptcy Judge.

In this adversary proceeding, the law firm of Falk & Siemer, LLP ("Falk & Siemer"), seeks a declaratory judgment that its claim for attorney fees is in the nature of support, and therefore non-dischargeable under 11 U.S.C. § 523(a)(5). The claim arises from an award given in the context of a proceeding to establish rights to custody of a child. The debtor responds that because...

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