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Judge A. Benjamin Goldgar

In re James Nikitas
June 6, 2005

04 B 18560

04 B 38235

04 A 04446, 04 A 04443

Judge Carol A. Doyle

Judge Jack B. Schmetterer

04 B 75363

Judge Jacqueline P. Cox

04 B 02682, 04 A 02054

The debtor’s former spouse initiated an adversary proceeding against the debtor to determine whether the debtor’s obligation under a marital settlement agreement to hold him harmless on certain joint liabilities was excepted from discharge under 11 U.S.C. §§ 523(a)(5) and (a)(15). On a motion for summary judgment, the court found that the debt owed by the debtor to her former spouse was nondischargeable under § 523(a)(5).

Chief Judge Pamela S. Hollis

03 B 42061, 03 A 04790

Plaintiff sought finding that state court sanctions judgment against defendant was nondischargeable pursuant to 523(a)(6). At summary judgment, court had ruled that only issue for trial was whether defendant had the subjective knowledge that plaintiffs were substantially certain to be injured by his frivolous pleadings. Following trial, court held that defendant did have such subjective knowledge and therefore his debt was declared nondischargeable.