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Johnson v. Johnson

United States Bankruptcy Court for the Middle District of North Carolina

397 B.R. 289 (2008)

Facts

Travis Johnson and Christy Snow married and had a child. Johnson and Snow later entered into a separation agreement. It was agreed that Snow and the child would continue living in what had been the marital residence. Johnson conveyed his one-half interest in the property to Snow. The property was encumbered by two deeds of trust. The agreement stipulated that Johnson and Snow would each assume responsibility for one of the debts. The agreement was incorporated into the divorce decree. Both parties remarried. Several months later, Johnson and his new wife filed for Chapter 13 bankruptcy in the United States Bankruptcy Court for the Middle District of North Carolina. The plan listed the deed of trust for which Johnson had assumed responsibility as a dischargeable debt from a property settlement. Snow filed a response, asserting that the debt was a nondischargeable domestic-support obligation (DSO).

Rule of Law

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Issue

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Holding and Reasoning (Waldrep, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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