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§ 523(a)(15)

Smith v. Smith (In re Smith)

Ruling
State court award to chapter 13 debtor's former spouse in lieu of property was dischargeable as a property settlement.
Issue(s)
Was state court monetary award to debtor's former spouse a nondischargeable domestic support obligation or a dischargeable property judgment?

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Consumer opinion summary, case decided on March 04, 2014 , LexisNexis #0614-116

Reed v. Reed (In re Reed)

Ruling
Indemnification required by divorce judgment was nondischargeable as resulting from divorce settlement but was not a domestic support obligation.
Issue(s)
Was indemnification required by divorce judgment nondischargeable.

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Consumer opinion summary, case decided on December 11, 2013 , LexisNexis #0114-018

Taylor v. Taylor (In re Taylor)

Ruling
Overpayment of spousal support properly held not to be a domestic support obligation but was nondischargeable as incurred in connection with separation agreement.
Issue(s)
Was overpayment of spousal support nondischargeable as incurred "in connection with a separation agreement."

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 09, 2013 , LexisNexis #0114-017

Buck v. Titzer (In re Titzer)

Ruling
Hold harmless obligation under divorce decree was nondischargeable.
Issue(s)
Was hold harmless clause in divorce decree nondischargeable.

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Consumer opinion summary, case decided on November 06, 2013 , LexisNexis #1213-053

Campbell v. Harnage (In re Harnage)

Ruling
Marital settlement agreement award was nondischargeable.
Issue(s)
Were monies awarded to debtor's former spouse in consensual marital settlement agreement nondischargeable.

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Consumer opinion summary, case decided on November 01, 2013 , LexisNexis #1213-018

Rackley v. Rackley (In re Rackley)

Ruling
Award of attorneys' fees in custody dispute was nondischargeable.
Issue(s)
Was award of attorneys' fees in custody dispute nondischargeable.

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Consumer opinion summary, case decided on October 17, 2013 , LexisNexis #0114-085

Scarlett v. Scarlett (In re Scarlet)

Ruling
Hold harmless and indemnification provision in marital settlement agreement created nondischargeable debt.
Issue(s)
Whether the debtor's agreement to pay, indemnify and hold former spouse harmless from a debt as provided in a marital settlement agreement was non-dischargeable.

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Consumer opinion summary, case decided on October 08, 2013 , LexisNexis #1013-122

Smith v. Smith (In re Smith)

Ruling
Debtor's obligation under divorce decree to pay health insurance, attorneys' fees, alimony and for son's vehicle were nondischargeable.
Issue(s)
Whether certain obligations created in a final judgment and decree of divorce were excepted from discharge under 11 U.S.C.S. §§ 523(a)(5) and 1328.

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Consumer opinion summary, case decided on October 03, 2013 , LexisNexis #0214-093

Flowers v. Flowers (In re Flowers)

Ruling
Debt that debtor admitted was owed in connection with divorce was nondischargeable.
Procedural posture

Plaintiff creditor filed a complaint against defendant chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(5). In denying her first motion for summary judgment, the court gave the parties an opportunity to address dischargeability under § 523(a)(15). Instead of responding, the creditor filed a second motion for summary judgment, contending that the debt was nondischargeable under § 523(a)(15).

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Consumer opinion summary, case decided on June 19, 2013 , LexisNexis #0713-055

Baker v. Baker (In re Baker)

Ruling
Attorneys' fee debt to debtor's former spouse incurred in connection with divorce was nondischargeable.
Procedural posture

Plaintiff filed suit against defendant debtor, arguing that a compromise attorney fee obligation was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(15), therefore was not discharged when the discharge order was entered. The parties filed cross-motions for summary judgment.

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Consumer opinion summary, case decided on June 10, 2013 , LexisNexis #0713-089