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§ 101(14A)

In re Braun

May
15
2008
Ruling
Debtor's obligation under separation decree to pay mortgage debt directly to lender was a nondischargeable domestic support obligation.
Procedural posture

A bankruptcy debtor's plan provided for abandonment of an interest in real property occupied by the debtor's spouse, and for discharge of an obligation to pay the mortgage debt on the property under a decree of legal separation. The spouse asserted that the mortgage debt was a nondischargeable domestic support obligation, the debtor objected to the spouse's claim based on the debt, and the spouse objected to confirmation of the debtor's plan.

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Consumer opinion summary, case decided on May 15, 2008 , LexisNexis #0808-002
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Shaver v. Forgette (In re Forgette)

Nov
30
2007
Ruling
Debtor's liability for car payments pursuant to divorce decree was not a domestic support obligation and was subject to stay.
Procedural posture

Movant, the ex-wife of a chapter 13 debtor, sought relief from stay pursuant to 11 U.S.C. § 362(b) or (d) to enable her to go to state court to enforce that portion of a divorce decree under which debtor was obligated for all indebtedness associated with a vehicle that the parties had owned during their marriage and which decree awarded movant certain rights of use for a limited period of time.

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Consumer opinion summary, case decided on November 30, 2007 , LexisNexis #0108-072
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In re OBrien

Apr
17
2007
Ruling
Legal fees accrued in defending debtor in support proceeding was not a nondischargeable domestic support obligation.
Procedural posture

A debtor's former divorce lawyer filed a motion for relief from the automatic stay concerning a prepetition fee award issued in post-divorce litigation between the debtor and his former wife. The debtor opposed the motion.

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opinion summary, case decided on April 17, 2007 , LexisNexis #0607-001
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In re Mupanduki

Jun
26
2006
Ruling
Court sustained debtor's objection to proof of claim since it was not "domestic support obligation."
Procedural posture

Creditor served as the debtor's domestic relations counsel and filed a claim for legal fees for her representation of the debtor. The creditor argued that her claim was a "domestic support obligation"entitled to priority treatment. The debtor filed an objection to the proof of claim.

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opinion summary, case decided on June 26, 2006 , LexisNexis #0806-001
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In re OBrien

Mar
23
2006
Ruling
Court refrained from ruling on the requested relief from an automatic stay pending further hearing on whether the fee awards qualifed as domestic support obligations.
Procedural posture

Movants, the debtor's former wife and the debtor's former counsel, filed separate motions for relief from the stay imposed after the debtor filed for bankruptcy relief. The movants sought relief from the stay, pursuant to 11 U.S.C. § 362(b)(2)(B), to enforce fee awards that had been issued as part of post-divorce litigation in the state family court.

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opinion summary, case decided on March 23, 2006 , LexisNexis #0406-071
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