- 11 U.S.C.
In re Downer
Jul
16
2014
Ruling
Claim for child support arrearage for medical expenses was a nondischargeable domestic support obligation that was entitled to first priority.
Issue(s)
Was claim for past medical expenses on debtor's and former spouse's child that the debtor was previously ordered to pay and for additional healthcare costs for the child not covered by health insurance a nondischargeable domestic support obligation and entitled to priority treatment?
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Court
:
- 11 U.S.C.
In re Frau
Apr
14
2014
Ruling
Creditor's domestic support obligation claim disallowed due to res judicata effect of earlier settlement agreement.
Issue(s)
Should untimely filed proof of claim for alleged domestic support obligation be disallowed in light of terms of settlement agreement with trustee?
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Court
:
- 11 U.S.C.
In re Johnston
Mar
29
2013
Ruling
Amounts due under settlement agreement were not domestic support obligations and not entitled to priority.
Procedural posture
This matter came before the court upon debtor's objection to a proof of claim filed by a claimant, his former wife.
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Court
:
- 11 U.S.C.
In re Ludwig
Feb
25
2013
Ruling
Debt to former spouse based on property settlement agreement that waived alimony or support was not entitled to priority status.
Procedural posture
A chapter 13 debtor objected to the priority status of a claim held by his former spouse. The debtor asserted that her claim was not entitled to priority status under 11 U.S.C.S. § 507(a)(1)(A) because it stemmed from a property settlement agreement, while his former spouse alleged that it was based on a domestic support obligation that was in the nature of alimony, support, or maintenance.
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Court
:
- 11 U.S.C.
In re Baker
Dec
12
2012
Ruling
Portion of debtor's home equity loan obligation to former spouse owed pursuant to divorce and due prior to petition date was a nondischargeable domestic support obligation.
Procedural posture
A chapter 13 debtor filed an objection to a creditor's claim, asserting that it was not a domestic support obligation entitled to first priority status under 11 U.S.C.S. § 507(a)(1)(A). The creditor, his ex-wife, objected to confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
Kerr v. Meadors (In re Knott)
Oct
22
2012
Ruling
Judgment based on overpayment of domestic support obligation was itself a domestic support obligation.
Procedural posture
After respondent ex-spouse filed a proof of claim arising from a state court judgment based on his overpayment of a domestic support obligation (DSO) to a Chapter 7 debtor, movant Trustee objected to the claim, contending that the overpayment was not a DSO and thus was not entitled to priority under 11 U.S.C.S. § 507(a)(1)(A).
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Court
:
- 11 U.S.C.
In re Aguirre
Feb
27
2012
Ruling
Claim for payment for former spouse's interest in 401(k) account pursuant to divorce decree was not a domestic support obligation and not a priority claim.
Procedural posture
A chapter 13 trustee objected to the allowance of a purported 11 U.S.C.S. § 507(a)(1)(A) priority claim for a domestic support obligation (DSO) asserted by a chapter 7 trustee in the bankruptcy case of the debtor's former spouse.
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Court
:
- 11 U.S.C.
In re Priester
Jul
22
2011
Ruling
Amount owed to former spouse as "balancing of the equities" was not a domestic support order and was an unsecured, non-priority claim.
Procedural posture
A Chapter 13 debtor filed an objection to a claim filed by his former wife on the grounds that it was not a domestic support obligation entitled to priority status under 11 U.S.C.S. § 507(a)(1)(A) and thus, it should be treated as an unsecured, non-priority claim.
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Court
:
- 11 U.S.C.
In re Maser
Aug
26
2010
Ruling
Property settlement agreement was not a nondischargeable domestic support order.
Procedural posture
Following the settlement of a claim filed by a chapter 13 debtor's former spouse, the remaining issues were whether a monetary judgment identified in the stipulation as the "property judgment" and the attorney fee award to the spouse constituted domestic support obligations entitled to priority status under 11 U.S.C.S. § 507(a)(1)(A).
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Court
:
- 11 U.S.C.
In re Bolar
Nov
05
2008
Ruling
Outstanding debt relating to debtor's attempts to divide marital property with former spouse was not entitled to priority status.
Procedural posture
Debtor filed a petition under chapter 13 and a plan for repaying his creditors. The debtor's ex-wife filed a claim against the debtor's bankruptcy estate and an objection to confirmation of the debtor's plan. The debtor filed an objection to his ex-wife's claim.
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Court
: