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IN RE HUTCHISON

Bankruptcy No. 00-32321. Adversary No. 01-3026.

270 B.R. 429 (2001)

In re Keith HUTCHISON, Debtor. Keith Hutchison, Plaintiff, v. Melissa Birmingham, Defendant.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

December 7, 2001.

Attorney(s) appearing for the Case

Francis A. Krcmarik, Flint, MI, for Plaintiff.

Barry Wolf, Flint, MI, for Defendant.

OPINION REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT

ARTHUR J. SPECTOR, Chief Judge.

Introduction

In this case, the Court holds that a debt for child support arises upon the birth of the child and that the fact that no court had yet ordered the debtor to support the child does not take the debt outside the scope of 11 U.S.C. § 523(a)(5).

In the latter half of 1998, Melissa Birmingham filed a complaint in Genesee County...

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