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IN RE: DANIEL W. HUMBARGER, Chapter 7, Debtor DANIEL W. HUMBARGAR, Plaintiff, v. MARY HUMBARGAR, n/k/a ALBERS, Defendant

JUDGMENT ON DECISION

ROBERT E. NUGENT, Bankruptcy Judge

This adversary proceeding comes before the Court on plaintiff-debtor Daniel Humbarger's ("debtor") complaint pursuant to 11 U.S.C. § 523(a)(15) to determine the dischargeability of a property settlement judgment in connection with his 1994 divorce. This matter came on for trial on May 28, 2002. Both parties testified and offered exhibits which the Court received by stipulation. The parties also stipulated to certain facts. The parties did not submit trial briefs. The Court is now prepared to rule.

All statutory references are to the Bankruptcy Code, 11 U.S.C. § 101, et seq. unless otherwise specified.

The Court concludes that the debtor has failed to satisfy his burden of proof with respect to either prong of 11 U.S.C. § 523(a)(15). Accordingly, the property settlement judgment is not dischargable under § 523(a)(15).

IT IS SO ORDERED.

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IN RE HUMBARGER
(Oct 1, 2002)