I'm in the midst of an adversay proceeding in Ct bankruptcy court re the
discharge of ex's debt termed Equitable Distribution in our Settlement
Agreement.

At the first trial, to determine if the debt is 'in the nature of support',
the judge refused to hear ANY evidence that did not pertain specifically to
the '4 corners' of the agreement itself. (which was 180 degrees from the
opinion he gave at a prior conference in chambers where he said that he felt
the agreement ambiguous, thus we would proceed to trial to hear evidence
'outside' the agreement, ie: the party's intent, needs, etc. But, that's
another issue).

At trial, the BK judge said he would take the Agreement under advisement to
determine the State Court's intent. He said, even though it was not a
contested divorce, hence no trial, no evidence, since the State Court Judge
accepted our agreement be incorporated into HIS judgement, he (BK judge)
would contstrue the agreement AS IF it was the State Court Judge's own words
(decision).

My question was: if the St. Ct judge had NO evidence re: our circumstances,
etc. how could his mere acceptance of OUR agreement to be incorporated into
the judgement show any valid intent as to the terms of the agreement?

Do any of you learned readers know what the responsibility of a NY State
Court judge is when accepting an Agreement be incorporated into the divorce
judgement? ie: is he supposed to review the Agreement? If so, by what
criteria does he judge it acceptable to be incorporated?

If not a direct answer, can anyone tell me where to find out? I've read the
NY Domestic Relations Laws cover to cover and find no help there. I feel I
should be prepared to appeal the BK judge's decision should he rule that,
based on the State Court Judge's intent, using OUR words as if they were the
State Courts decision, that the debt should be discharged.

Thanks
Peg T