- 11 U.S.C.
Shultz v. Shultz (In re Shultz)
Nov
21
2012
Ruling
Debt related to property settlement in divorce was dischargeable provided debtor completed plan payments.
Procedural posture
Debtor filed a motion for summary judgment in her action seeking a determination that her debt to defendant, her former husband, was dischargeable.
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Court
:
- 11 U.S.C.
In re Wise
Nov
05
2012
Ruling
Debt owed to former spouse pursuant to divorce decree was nondischargeable.
Procedural posture
Plaintiff former husband filed a complaint against chapter 7 debtor seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(15). The former husband moved for summary judgment.
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Court
:
- 11 U.S.C.
Taylor v. Taylor (In re Taylor)
Sep
05
2012
Ruling
Debtor's obligation to former spouse incurred in connection with divorce decree was nondischargeable.
Procedural posture
Appellant chapter 7 debtor sought review of an order from the United States Bankruptcy Court for the District of New Mexico, which entered summary judgment against her on cross-appellant ex-husband's 11 U.S.C.S. § 523(a)(15) claim. The ex-husband appealed from the dismissal of his § 523(a)(5) claim and the bankruptcy court's failure to grant him attorneys' fees in connection with the summary judgment motion.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Fisher v. Santry (In re Santry)
Aug
21
2012
Ruling
Debtor's sale or refinance of property to satisfy credit card debt incurred in spouse's name was not a domestic support obligation
Procedural posture
The debtor's former wife, sought a determination that a debt owed her by debtor was non-dischargeable. The former wife moved for summary judgment.
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Court
:
- 11 U.S.C.
Bringhurst v. Adams (In re Adams)
Jun
28
2012
Ruling
Family court order requiring debtor to buy out former spouse's interest in home, later reduced to judgment, was not dischargeable.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(15). The creditor moved for summary judgment.
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Court
:
- 11 U.S.C.
Newman v. Johnson (In re Johnson)
May
25
2012
Ruling
Debt owed pursuant to divorce decree was nondischargeable.
Procedural posture
Plaintiff creditor filed an amended complaint against defendant chapter 7 debtor alleging nondischargeability under 11 U.S.C.S. § 523(a)(5) and (15) and denial of discharge under 11 U.S.C.S. § 727(a)(5). The creditor moved for summary judgment with respect to the 11 U.S.C.S. § 523(a)(15) claim, and the debtor moved for summary judgment with respect to the § 523(a)(5) and (15) claims.
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Court
:
- 11 U.S.C.
In re Cooke
Jul
26
2011
Ruling
Debt that was held nondischargeable in prior chapter 7 case but was not a domestic support order was dischargeable in subsequent chapter 13 case.
Procedural posture
The chapter 13 debtors filed an objection to a claim filed by a creditor, the debtor husband's former wife. The creditor asserted that the debt owed to her by the debtor husband was a domestic support obligation and thus, should be given priority treatment.
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Court
:
- 11 U.S.C.
Paulus v. Paulus (In re Paulus)
Jun
27
2011
Ruling
Debtor's former spouse's claim under hold harmless agreement was nondischargeable but debt owed directly to bank under decree was not.
Procedural posture
Plaintiff, a Chapter 7 debtor's ex-wife, filed an adversary proceeding against defendant debtor, her ex-husband, seeking a determination that the debtor had an obligation under a separation agreement and a decree which dissolved their marriage to pay credit card debt they owed to a bank, and an order that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15). The ex-wife filed a motion for judgment on the pleadings.
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Court
:
- 11 U.S.C.
Bevins v. Ballard (In re Ballard)
May
25
2011
Ruling
Debt to spouse for payment of outstanding balance of mortgage and attorneys' fees was nondischargeable as owed pursuant to terms of divorce decree and property settlement.
Procedural posture
Plaintiff, the former spouse of defendant, a Chapter 7 debtor, sought a determination that the amount she paid to a bank on the outstanding balance of a mortgage to secure a release of the lien and her costs and attorneys fees were excepted from discharge under 11 U.S.C.S. § 523(a)(15). She filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Carleton v. Carleton (In re Carleton)
Apr
25
2011
Ruling
Former spouse's claim for division of property was discharged due to failure to file adversary proceeding to except claim from discharge.
Procedural posture
Plaintiff sought a judgment declaring that defendant's claim for a divorce- related property settlement against plaintiff's deceased husband (debtor) was discharged in the debtor's chapter 7 bankruptcy case. Although not formally designated as such, the court treated the parties' briefs and submissions as motions for summary judgment made pursuant to Fed. R. Bankr. P. 7056.
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Court
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