Lopez

Lopez v. Lopez (Inre Lopez)

Good Law
1987 WL 25512·1987 Bankr. LEXIS 1963·81 B.R. 31
United States Bankruptcy Court, Southern District of CaliforniaDecember 10, 1987Adv. No. C87-0380-H7; Bankruptcy No. 87-0888-H7California1,144 words

Opinion

Lead Opinion

Hargrove, J.

MEMORANDUM DECISION

I.

At issue is whether second mortgage payments ordered in a dissolution proceeding are in the nature of support and therefore non-dischargeable. This matter came on for hearing before this court pursuant to plaintiff’s motion for summary judgment.

This court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334 and § 157(b)(1) and General Order No. 312-D of the United States District Court, Southern District of California. This is a core proceeding pursuant to 28 U.S.C. § 157 (b)(2)(I).

This court grants summary judgment for plaintiff.

II.

FACTS

After approximately thirteen years of marriage, plaintiff Consuelo Lopez (“Mrs. Lopez”) filed a petition for dissolution in the Superior Court of California, for the County of San Diego (“Superior Court”).

On September 13, 1985, the action for dissolution came to trial and a judgment of dissolution of marriage issued which, inter alia, affirmed the written Marital Termination Agreement (“Agreement”) executed *32 by the parties on March 12, 1984. Paragraph 7 of the Agreement provided in pertinent part that, “[hjusband is to assume the following community debts: 1. Second mortgage on family residence…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.