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IN RE LOWTHER

No. 01-6359.

321 F.3d 946 (2002)

In re Paula Joann LOWTHER, Debtor. Neal Lowther, Plaintiff-Appellant, v. Paula Joann Lowther, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 31, 2002.

Attorney(s) appearing for the Case

Charles L. Hill, Norman, Oklahoma, for Plaintiff-Appellant.

Paul Streck of Streck & Associates, Edmond, Oklahoma, for Defendant-Appellee.

Before HENRY and McKAY, Circuit Judges, and OBERDORFER, District Judge.

McKAY, Circuit Judge.

This is an appeal from a decision of the Bankruptcy Appellate Panel ("BAP") holding that an obligation to pay attorney's fees awarded in a divorce and custody proceeding are dischargeable in bankruptcy. This case requires a determination of whether sufficiently unusual circumstances exist to justify departure from the general rule of nondischargeability.

I. Facts

In 1997, Appellant filed for divorce from Appellee in the Oklahoma...

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