- 11 U.S.C.
In re Casey
Feb
19
2009
Ruling
Claim for past due child support payments, but not penalty, was a nondischargeable domestic support obligation.
Procedural posture
A creditor, the former spouse of the debtor, filed a proof of claim in the amount of $ 120,000, asserting the claim was secured by a writ of attachment on the debtor's property. The debtor objected to the claim. The issues were the amount of the claim and whether the former spouse sustained the burden of establishing the claim as one for a domestic support obligation, under 11 U.S.C.S. § 101(14A).
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Court
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