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IN RE SMITH

Bankruptcy No. 00-50310-7. Adversary No. 00-5029.

256 B.R. 590 (2001)

In re Michael Keihm SMITH, Debtor. Regina Beth Smith, Plaintiff, v. Michael Keihm Smith, Defendant.

United States Bankruptcy Court, N.D. Texas, Lubbock Division.

January 4, 2001.

Attorney(s) appearing for the Case

J. Craig Johnston, Lubbock, TX, for plaintiff.

Richard D. Ladd, Lubbock, TX, for defendant.

MEMORANDUM OPINION

ROBERT L. JONES, Bankruptcy Judge.

Regina Beth Smith (Ms. Smith) contends the sum of $9,339.90, arising from debts that Michael Keihm Smith (Mr. Smith), the Debtor, agreed to pay upon their divorce, should be declared nondischargeable under § 523(a)(15). Mr. Smith raises the defenses afforded by subsections (A) and (B) of § 523(a)(15), asserting the debt should be discharged as he is unable to pay the debt and that discharging...

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