- 11 U.S.C.
In re LaGrange
May
27
2009
Ruling
Monetary judgment for premarital expenditures of debtor's former spouse was not a domestic support obligation.
Procedural posture
Hearing was held on debtors' amended objection to a claim. The debtor's former spouse filed a claim in the amount of $ 26,796 as a domestic support obligation.
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Court
:
- 11 U.S.C.
In re Siegel
Mar
13
2009
Ruling
Debt that was part of debtor's property settlement with former spouse was not a domestic support obligation and was a general unsecured claim.
Procedural posture
The debtor filed an objection to the $ 50,000 priority claim filed by his former spouse. The issue before the court was whether the claim was for a domestic support obligation as defined in 11 U.S.C.S. § 101(14A), as such was a priority claim that, pursuant to 11 U.S.C.S. § 1322(a)(2) and § 1325(a)(1), had to be paid in full through the debtor's chapter 13 plan.
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Court
:
- 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
:
- 11 U.S.C.
Gustin v. Miller (In re Miller)
Jan
27
2009
Ruling
Medical expenses owed by debtor to former spouse pursuant to divorce decree were nondischargeable domestic support obligations.
Procedural posture
Plaintiff creditor, a debtor's former wife, filed a complaint against defendant debtor, the former husband, asserting that a certain debt arising out of an agreed entry concerning modification of child support was nondischargeable. Both parties sought summary judgment.
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Court
:
- 11 U.S.C.
Smith v. Pritchett (In re Smith)
Dec
29
2008
Ruling
Penalties for late alimony payments were not domestic support obligations and related lien was avoidable.
Procedural posture
Appellant debtor challenged the Bankruptcy Court for the District of New Hampshire's order overruling his objection to the proof of claim filed by appellee, his former spouse, and denying his motion to avoid her lien.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Levin v. Greco (In re Greco)
Nov
20
2008
Ruling
Amounts owed to state child representative in debtor's divorce was not a domestic support obligation and was dischargeable.
Procedural posture
Plaintiff, an Illinois child representative, brought an adversary proceeding to determine the dischargeability of defendant debtor's outstanding obligation. The debtor was served with the complaint but had not answered or otherwise appeared in the adversary proceeding, and the representative moved for a default judgment, asserting that the debt was a domestic support obligation, non-dischargeable under 11 U.S.C.S. § 523(a)(5).
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:
- 11 U.S.C.
In re Harris
Aug
26
2008
Ruling
Court orders amounting to allocation of marital property were not domestic support obligations.
Procedural posture
A debtor filed a chapter 13 plan, and his former spouse objected to the plan on the ground that it failed to provide for payment of certain indebtedness, which she asserted was a domestic support obligation under 11 U.S.C.S. § 101(14A).
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:
- 11 U.S.C.
In re Alston
Aug
22
2008
Ruling
Payment of credit card debt called for in separation agreement was a property settlement rather than a "domestic support obligation."
Procedural posture
The debtor's former spouse filed an objection to the confirmation of his chapter 13 plan, and the debtor objected to the claim of the spouse based on a provision in the parties' separation agreement.
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Court
:
- 11 U.S.C.
In re Boller
Jun
27
2008
Ruling
Obligations under divorce agreement were not in the nature of support where alimony was specifically waived and other indicia were not present.
Procedural posture
A debtor sought confirmation of a chapter 13 plan. The debtor's former spouse objected to the confirmation on the ground that it failed to provide for payment in full of a domestic support obligation. Although the parties were provided an opportunity to present evidence, the only evidence submitted was the divorce decree which incorporated a compromise agreement signed by the parties.
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Court
:
- 11 U.S.C.
Wisconsin v. Schauer (In re Schauer)
Jun
13
2008
Ruling
Child care program overpayments owed to state were nondischargeable "domestic support obligations."
Procedural posture
Plaintiff-creditor, the State of Wisconsin, brought an adversary proceeding under 11 U.S.C.S. § 523(a)(5) seeking a determination that an obligation owed by the defendant debtor was excepted from the debtor's discharge as a domestic support obligation within the meaning of 11 U.S.C.S. § 101(14A), that was owed to a governmental entity.
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Court
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