Case No. 06-48959, Adv. Pro. No. 06-05688.United States Bankruptcy Court, E.D. Michigan, Southern Division.
August 20, 2007
ORDER DISMISSING ADVERSARY PROCEEDING
THOMAS TUCKER, Bankruptcy Judge
This adversary proceeding came before the Court for a final pretrial conference on August 20, 2007. After discussion with counsel, and confirming rulings made and action taken at the final pretrial conference, the Court has determined that any obligation that Defendant, James David Brockmiller, has under the January 27, 2005 Judgment of Divorce entered in the Circuit Court of St. Clair County, Michigan, with respect to assumption and/or payment of a home equity loan secured by a mortgage on the parties’ former marital home, and any obligation that the St. Clair County, Michigan Circuit Court determines in the future that Defendant Brockmiller has with respect to the foregoing debt, (1) will be a “domestic support obligation,” as defined by the Bankruptcy Code 11 U.S.C. § 101(14A) that is not dischargeable in Defendant Brockmiller’s bankruptcy case under 11 U.S.C. § 523(a)(5); or (2) if not a “domestic support obligation,” will be non-dischargeable under 11 U.S.C. § 523(a)(15).
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The Court further determines that the parties do not dispute the foregoing. Rather, the dispute between the parties is whether and to what extent Defendant Brockmiller continues to have any obligation under the Judgment of Divorce between the parties, or otherwise, with respect to the debt at issue. That dispute should be determined by the St. Clair County, Michigan Circuit Court rather than by this Court.
Accordingly, and for the reasons stated by the Court on the record during the final pretrial conference on August 20, 2007, the Court determines that it is appropriate to abstain from deciding the above dispute in this adversary proceeding under 28 U.S.C. § 1334(c)(1), and, therefore, to dismiss this case based upon such abstention. Accordingly,
IT IS ORDERED that this adversary proceeding is dismissed without prejudice, based upon the permissive abstention provisions of 28 U.S.C. § 1334(c)(1).