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IN RE ENCISO

Bankruptcy No. 02-27766 BM, Adversary No. 02-2716 BM.

300 B.R. 235 (2003)

In re Eunice M. ENCISO, Debtor. John L. Ferguson, Plaintiff, v. Eunice M. Enciso, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

October 15, 2003.

Attorney(s) appearing for the Case

Earle D. Lees, Jr., DuBois, PA, for Plaintiff.

Joseph Colavecchi, Colavecchi, Ryan & Colavecchi, Clearfield, PA, for Defendant.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Plaintiff John Ferguson seeks a determination that the obligation of debtor Eunice Enciso, his former wife, to pay off a mortgage against property owned by plaintiff and in which he now resides is excepted from discharge by § 523(a)(15) of the Bankruptcy Code.

Debtor asserts that she is not able to pay off the mortgage and that the debt in question therefore is dischargeable in accordance...

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