- 11 U.S.C.
In re Dankert
Sep
27
2007
Ruling
Property settlement that was not a domestic support obligation was a general unsecured claim.
Procedural posture
A debtor objected to a claim filed by a creditor, the debtor's former spouse, on the ground that the debt was in the nature of a property settlement and not a domestic support obligation under 11 U.S.C. § 101(14)(A).
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Court
:
- 11 U.S.C.
Zeitchik v. Zeitchik (In re Zeitchik)
Jun
15
2007
Ruling
Property distribution payments pursuant to divorce decree were dischargeable due to debtor's inability to pay.
Procedural posture
Plaintiff, an ex-wife, filed an adversary proceeding pursuant to 11 U.S.C. § 523(a)(5) and (15) to determine the dischargeability of sums owed to her by defendant debtor, her ex- husband, who had filed a chapter 7 petition. At issue was whether certain payments that debtor was obliged to make under a state court order settling issues arising in the parties' divorce were nondischargeable pursuant to section 523(a)(5) or (15).
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Court
:
- 11 U.S.C.
Douglas v. Douglas (In re Douglas)
Jun
05
2007
Ruling
Joint marital debts which debtor was ordered to pay to third party pursuant to divorce decree were nondischargeable.
Procedural posture
The ex-spouse of a chapter 7 debtor brought a complaint to determine dischargeability in which she sought a ruling that joint debts which a state court had ordered debtor to pay in connection with the parties'divorce were nondischargeable pursuant to 11 U.S.C. § 523(a)(15). At issue was the status of those debts under 11 U.S.C. § 523 as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").
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Court
:
- 11 U.S.C.
Schweitzer v. Schweitzer (In re Schweitzer)
Jun
04
2007
Ruling
Debtor's hold harmless agreement with former spouse was incurred in connection with divorce or separation and nondischargeable.
Procedural posture
Plaintiff, a chapter 7 debtor's ex-husband, filed an adversary proceeding against debtor and sought summary judgment that her obligation under a separation agreement to hold him harmless on joint mortgage indebtedness was nondischargeable per 11 U.S.C. § 523(a)(15) and that a hold harmless obligation with respect to the parties'credit cards also included in that agreement was nondischargeable under both 11 U.S.C. § 523(a)(2)(A) and (a)(15).
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Court
:
- 11 U.S.C.
DeFeo v. DeFeo (In re DeFeo)
May
23
2007
Ruling
Post-dissolution property settlement was nondischargeable as detriment to former spouse outweighed benefit to debtor.
Procedural posture
Plaintiff former wife filed an adversary proceeding seeking: (1) to except from discharge, pursuant to 11 U.S.C. § 523(a)(15), the debts due her in accordance with a state court judgment of marital dissolution, and (2) to recover the attorney's fees she incurred in bringing the action against defendant debtor.
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Court
:
- 11 U.S.C.
Kuschel v. Kuschel (In re Kuschel)
Apr
12
2007
Ruling
Debtor's obligation to former spouse on note consolidating their student loans was dischargeable.
Procedural posture
Plaintiff debtor filed an amended complaint to determine dischargeability pursuant to 11 U.S.C. § 523(a)(15) and for declaratory judgment.
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Court
:
- 11 U.S.C.
Robinson v. Robinson (In re Robinson)
Feb
05
2007
Ruling
Award of interest in property specifically labeled as property distribution in divorce decree was dischargeable due to debtor's inability to pay.
Procedural posture
Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding against the debtor, seeking a determination that a debt to the spouse arising from the parties'divorce was not dischargeable under 11 U.S.C. § 523(a)(5) and (15), and on the basis of an equitable lien. The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
Tracy v. Tracy (In re Tracy)
Feb
02
2007
Ruling
Debt resulting from post-divorce landlord tenant arrangement between former spouses was dischargeable.
Procedural posture
After plaintiffs, a debtor's former husband and his new spouse, won a state court judgment against defendant debtor, plaintiff husband's ex-wife, on account of debtor's conduct in having taken items from their former marital home, where she was a tenant, plaintiffs sought a ruling excepting that debt from discharge per 11 U.S.C. § 523(a)(15).
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Court
:
- 11 U.S.C.
Ahlf v. Ahlf (In re Ahlf)
Nov
16
2006
Ruling
Property award in favor of former spouse was nondischargeable due to debtor's ability to pay.
Procedural posture
Plaintiff, defendant debtor's former spouse, filed an adversary proceeding against the debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(5) or (a)(15). The debts at issue were a $2,500 attorney fee award from the dissolution decree and a $22,500 property award.
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Court
:
- 11 U.S.C.
Colvin v. Raffeld (In re Raffeld)
Nov
14
2006
Ruling
Tax reimbursement owed to former spouse was nondischargeable where debtor failed to demonstrate inability to pay or benefit of discharge outweighing harm to creditor.
Procedural posture
Appellant debtor filed a chapter 7 bankruptcy petition two years after divorcing appellee ex-husband. The ex-husband filed an adversary proceeding complaint, claiming that a marital debt was nondischargeable. The debtor appealed after the Bankruptcy Court for the Southern District of Ohio issued an order finding that the debt was nondischargeable under former 11 U.S.C. § 523(a)(15).
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