Lopez
Lopez v. Lopez (Inre Lopez)
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…