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judgment also provided that the alimony obligation would
terminate upon the death of petitioner or the death or remarriage
of Ms. Seyler. The final judgment confirmed an earlier order
dated April 29, 1993, that petitioner pay Ms. Seyler's "temporary
attorney's fees", suit monies, and costs in the amount of
$32,700.4 The final judgment further provided that petitioner
"shall, as an incidence of support to the Wife, pay her
attorney's fees, suit monies and costs. The Court specifically
reserves jurisdiction for the purpose of determining the amount
of the fees, suit monies, and costs."
Petitioner filed for bankruptcy protection on September 9,
1993. Ms. Seyler thereafter filed a petition in State court
seeking a determination as to the dischargeability of
petitioner's obligations arising under the final judgment.5 By
order dated February 26, 1996, the State court approved a
stipulation of settlement that provided $18,000 of Ms. Seyler's
4 Of this $32,700 total, $29,250 was attorney's fees,
$3,000 was for accountant's fees, and $450 was for an expert
witness fee.
5 Under 11 U.S.C. sec. 523(a)(5) (2000), a debt "to a
spouse, former spouse, or child of the debtor, for alimony to,
maintenance for, or support of such spouse or child, in
connection with a separation agreement, divorce decree or other
order of a court of record, determination made in accordance with
State or territorial law by a governmental unit, or property
settlement agreement" is nondischargeable in bankruptcy, and the
appropriate State court and the bankruptcy court have concurrent
jurisdiction to determine the dischargeability of such
obligations.
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