- 11 U.S.C.
Basham, In re
May
25
2023
Ruling
Debtor had an allowed claim pursuant to an equalization and child support judgment, which constituted a domestic support obligation. (Bankr. D. Ariz.)
Issue(s)
Definitions; "Domestic Support Obligation".
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- 11 U.S.C.
Sanders-Davenport, In re--Michael S. Mahoney, PC v. Sanders-Davenport
Jul
20
2022
Ruling
Attorney did not plausibly allege that the debt owed by the debtor constituted a domesticsupport obligation. (Bankr. W.D. Mich.)
Issue(s)
Definitions; “Domestic Support Obligation”; In the Nature of Alimony,
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Judge or Jurisdiction information not available
- 11 U.S.C.
Moore-Mckinney, In re
May
09
2019
Ruling
Interest that accrued on a pre-petition debt in the nature of alimony, maintenance, or supportbecame part of the domestic support obligation itself. (Bankr. N.D. Ga.)
Issue(s)
Definitions; “Domestic Support Obligation”.
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- 11 U.S.C.
Randall, In re
Apr
10
2018
Ruling
Debtors were required to pay the six percent interest on the DSO claims where the DSOdefinition provided an explicit inclusion of interest. (Bankr. N.D. Tex.)
Issue(s)
Definitions; “Disinterested Person”; Creditor, Equity Security Holder or Insider Excluded.
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:
- 11 U.S.C.
In re Lane
Jul
14
2014
Ruling
Evidentiary hearing was necessary to determine if former spouse's claim was a nondischargeable domestic support obligation.
Issue(s)
Whether the increase in former spouse's claim is attributable to a domestic support obligation and, if so, whether it may be allowed as a claim against property of the estate despite late filing?
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Court
:
- 11 U.S.C.
Hernandez v. Nebraska HHS
Aug
08
2013
Ruling
Debt owed to state department of health and human services was in the nature of child support and nondischargeable.
Issue(s)
Whether the debt debtor owed to the Nebraska Department of Health and Human Services (DHHS) was a debt in the nature of support of a child under 11 U.S.C.S. § 101(14A)(B).
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Efron
Jun
28
2013
Ruling
Court order for payments by debtor to former spouse, who needed money for financial obligations, was a nondischargeable domestic support obligation.
Issue(s)
Whether monthly payments of $50,000 which a Puerto Rico court ordered a Chapter 11 debtor to pay his ex-wife pursuant to P.R. Laws Ann. tit. 31, § 3700, pending an order which divided the parties' property, were "domestic support obligations" under 11 U.S.C.S. § 101(14A) that were entitled to priority claim status under 11 U.S.C.S. § 507(a)(1)(A).
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- 11 U.S.C.
In re Tepera
Feb
09
2012
Ruling
Award of fees to attorney for debtor's former spouse in divorce proceeding was a nondischargeable domestic support obligation.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and an attorney who represented the debtor's former spouse in a divorce action filed a claim in the amount of $129,388 against the debtor's bankruptcy estate and asserted that the claim was entitled to priority under 11 U.S.C.S. § 507. The debtor filed an objection to the attorney's claim.
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- 11 U.S.C.
In re Andrews
Jul
12
2010
Ruling
Fee awarded to attorney for debtor's former spouse in divorce was a nondischargeable domestic support obligation.
Procedural posture
Debtor filed a petition under chapter 13, and an attorney who represented the debtor's ex-wife in a divorce action filed a claim against the debtor's bankruptcy estate. The debtor filed an objection to the attorney's claim, and the attorney filed an objection to confirmation of the debtor's chapter 13 plan and moved for judgment on the pleadings.
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:
- 11 U.S.C.
In re Bowen
May
10
2010
Ruling
Enforcement of domestic support obligation was not subject to stay.
Procedural posture
The former spouse of a bankruptcy debtor asserted that a state-court award to the spouse of a percentage of the debtor's retirement benefits was a domestic support obligation which was not dischargeable. The spouse moved for relief from the automatic bankruptcy stay to allow the spouse to obtain a qualified domestic relations order from the state court.
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