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IN RE WERTHEN

BAP No. MB 02-004. Bankruptcy No. 00-15053-WCH. Adversary No. 00-1540.

282 B.R. 553 (2002)

In re Paul A. WERTHEN, Debtor. Paul A. Werthen, Defendant/Appellant, v. Kathleen Werthen, Plaintiff/Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

September 3, 2002.

Attorney(s) appearing for the Case

Victor Bass, Boston, MA, on brief for appellant.

Gary W. Cruickshank, Boston, MA, on brief for appellee.

Before HAINES, DEASY and KORNREICH, United States Bankruptcy Appellate Panel Judges.

OPINION

HAINES, Bankruptcy Judge.

Chapter 7 debtor Paul A. Werthen appeals from the bankruptcy court's order determining that sums owed to his former spouse, Kathleen Werthen, are nondischargeable alimony or support under Bankruptcy Code § 523(a)(5).1 He asserts that the court below erred when it found that obligations imposed by the state divorce court were alimony or support notwithstanding their characterization as

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