- 11 U.S.C.
Panos & Assocs. LLC v. Mitchell (In re Mitchell)
Jun
04
2013
Ruling
Claim for fees incurred by attorneys for debtor's former spouse in post-divorce matter was nondischargeable.
Procedural posture
This matter came before the court following trial on the complaint brought by plaintiff creditor against defendant debtor, seeking a finding that the debt debtor owed to the creditor was nondischargeble under 11 U.S.C.S. § 523(a)(5), (a)(15).
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Court
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- 11 U.S.C.
Bean v. Bean (In re Bean)
Apr
29
2013
Ruling
Debtor's responsibility for second mortgage, a mortgage and credit line on a building and credit card debt were nondischargeable as owed pursuant to divorce decree.
Procedural posture
Former wife filed a complaint against chapter 7 debtor to determine the nondischargeability of debt under 11 U.S.C.S. § 523(a)(5) and (15). The former wife moved for summary judgment.
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Court
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- 11 U.S.C.
Jacobs v. Jaeger-Jacobs (In re Jaeger-Jacobs)
Apr
10
2013
Ruling
Debtor's obligations to former spouse under marital settlement agreements were nondischargeable.
Procedural posture
Plaintiff, defendant debtor's former husband, filed a complaint against the debtor, seeking a determination that, pursuant to 11 U.S.C.S. § 523(a)(5) and /or § 523(a)(15), debts assigned to the debtor by the terms of the parties' marital settlement agreements (MSAs) were nondischargeable. The debtor and the husband each filed a motion for summary judgment.
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- 11 U.S.C.
In re Poole
Apr
03
2013
Ruling
Confirmation denied due to unsecured treatment of nondischargeable claims in the nature of support.
Procedural posture
A debtor's former spouse filed an objection to confirmation of his proposed chapter 13 plan on the grounds that the plan treated three obligations as general unsecured claims that the former spouse alleged were each in the nature of support and thus, nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15).
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Court
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- 11 U.S.C.
Stanley v. Stanley (In re Stanley)
Mar
29
2013
Ruling
Debts owed directly to credit card creditor under divorce decree were dischargeable.
Procedural posture
The former wife of the debtor filed an adversary proceeding asserting that several obligations imposed on debtor by the parties' divorce decree were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(15), under the abuse and bad faith provisions of 11 U.S.C.S. § 707(b)(1) and (3). Debtor moved for partial summary judgment.
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Court
:
- 11 U.S.C.
In re Kerrigan-Ronan-Prew
Mar
22
2013
Ruling
Former spouse's objection sustained to two of three claims shown not to be secured.
Procedural posture
Debtor filed petitions under chapter 7 and chapter 13 of the Bankruptcy Code, and an attorney and another individual filed secured claims against the debtor's bankruptcy estates. The debtor's ex-husband filed objections to the claims, contending that they were not secured. The court held a hearing on the claims and the ex-husband's objections.
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Court
:
- 11 U.S.C.
Dittenber v. Brown (In re Brown)
Mar
14
2013
Ruling
Debtor's obligation under divorce agreement to indemnify and hold spouse harmless was nondischargeable although underlying obligation to creditor was dischargeable.
Procedural posture
Debtor's ex-husband (creditor), initiated this adversary proceeding by filing a Complaint to Determine Dischargeability of Debt. The creditor asserted that pursuant to 11 U.S.C.S. § 523(a)(15), debtor's obligations under a Divorce Agreement and a Contempt Agreement were nondischargeable. Before the court was his Motion for Summary Judgment. Debtor did not file a response to the motion.
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Court
:
- 11 U.S.C.
Phelps v. Camp (In re Camp)
Feb
28
2013
Ruling
Claim for settlement paid by debtor's former spouse to bank for loan that was debtor's responsibility under separation agreement was nondischargeable.
Procedural posture
Former spouse filed an adversary proceeding against chapter 7 debtor, seeking a determination that the debtor owed her a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(15). The former spouse asked for an award of damages and attorney's fees and moved for summary judgment on her claim that the debtor owed her a nondischargeable debt. The debtor filed a cross-motion for summary judgment.
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Court
:
- 11 U.S.C.
Kinkade v. Kinkade (In re Kinkade)
Feb
06
2013
Ruling
Bankruptcy court properly held debt incurred in course of divorce was nondischargeable.
Procedural posture
Debtor filed a chapter 7 bankruptcy petition. Ex-wife initiated an adversary proceeding to contest discharge of debt in the course of the debtor's bankruptcy under 11 U.S.C.S. § 523(a)(15). The bankruptcy court granted summary judgment in the ex-wife's favor. The United States District Court for the Eastern District of Louisiana affirmed. The debtor appealed.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Prew v. Kerrigan-Ronan-Prew (In re Kerrigan-Ronan-Prew)
Dec
06
2012
Ruling
Dischargeability proceeding in chapter 7 case had to be resolved before court could review similar proceeding in debtor's chapter 13 case filed while first case was still pending.
Procedural posture
Plaintiff ex-husband filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor owed him a debt that was nondischargeable under 11 U.S.C.S. § 523. The court granted the ex-husband's motion for summary judgment on his claim under § 523(a)(15), and after the debtor declared chapter 13 bankruptcy, the ex-husband asked the court to dismiss the adversary proceeding he filed in the debtor's chapter 7 case.
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Court
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