- 11 U.S.C.
Kinkade v. Kindade (In re Kinkade)
Nov
21
2011
Ruling
Obligation incurred in divorce proceeding was nondischargeable whether or not it was a community debt.
Procedural posture
Ex-spouse filed a complaint against chapter 7 debtor seeking a determination that a debt owed to her under a state court judgment was nondischargeable under 11 U.S.C.S. § 523(a)(5) and (a)(15). Both parties filed motions for summary judgment.
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Court
:
- 11 U.S.C.
Hebel v. Georgi (In re Georgi)
Nov
14
2011
Ruling
Failure to plead hold harmless provision was not fatal to former spouse's nondischargeability proceeding based on divorce decree.
Procedural posture
The former spouse of defendant, a chapter 7 debtor, initiated an adversary proceeding, contending that marital debts allocated to the debtor pursuant to the parties' divorce decree were nondischargeable under 11 U.S.C.S. § 523(a)(5) and (a)(15). The debtor filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6).
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Court
:
- 11 U.S.C.
Thorud v. Thorud (In re Thorud)
Oct
26
2011
Ruling
"Property division" was not a nondischargeable domestic support obligation.
Procedural posture
Plaintiff, the ex-wife of defendant Chapter 13 debtor, filed an adversary proceeding seeking a declaration that an obligation pursuant to a stipulated divorce judgment was excepted from the debtor's discharge under 11 U.S.C.S. § 523(a)(5).
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Court
:
- 11 U.S.C.
In re Laskero
Oct
11
2011
Ruling
Post-discharge state court determination that judgment for attorneys' fees was not discharged was valid.
Procedural posture
Debtor filed a motion to reopen the bankruptcy case and a motion to enforce the debtor's discharge.
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Court
:
- 11 U.S.C.
Smith v. Smith (In re Smith)
Aug
23
2011
Ruling
Postpetition interest on child support debt was nondischargeable.
Procedural posture
A discharged chapter 7 debtor sought a declaration that unpaid interest on his child-support obligation was discharged in his chapter 7 bankruptcy case, and in particular that such interest was not excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(5). Co-defendant, State of Alabama, Department of Human Resources (DHR), a state agency that collected delinquent child-support obligations, filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Vodicka v. Vodicka (In re Vodicka)
Jun
09
2011
Ruling
Debtor's share of daycare and medical expenses for children and cost of court-ordered child custody evaluation were excepted from discharge as domestic support obligations.
Procedural posture
Plaintiff, debtor's ex-wife (hereafter "creditor"), filed this adversary proceeding asserting that certain obligations owed by defendant debtor, pursuant to a state court's temporary order for relief in their dissolution of marriage case, were non-dischargeable under 11 U.S.C.S. § 523(a)(5), (a)(15). She moved for summary judgment, Fed. R. Civ. P. 56(c). Debtor opposed the motion.
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Court
:
- 11 U.S.C.
In re Morgan
Apr
26
2011
Ruling
Equalizing judgment in dissolution proceeding was not a domestic support order and was a general unsecured claim.
Procedural posture
A creditor objected to confirmation of a chapter 13 debtor's plan on the ground that it did not provide for payment of an obligation owing to him as a priority claim under 11 U.S.C.S. § 507(a)(1) but instead treated it as a general unsecured claim. He argued that the obligation was a domestic support obligation that had to be paid as a priority claim. The debtor objected to the claim on the ground that it was not entitled to priority.
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Court
:
- 11 U.S.C.
Law Offices of Miriam G. Altman PC v. Johnson (In re Johnson)
Mar
21
2011
Ruling
Debtor's spouse's attorneys' fees incurred in defending modification of child support was a nondischargeable domestic support obligation.
Procedural posture
Plaintiff, the attorney for defendant debtor's former spouse, filed a motion for partial summary judgment in her action, which sought to except from discharge under 11 U.S.C.S. § 523(a)(5), (a)(15), or (a)(6) the debtor's obligation, pursuant to a probate court judgment, to pay the fees of the attorney for defending a complaint for modification of child support.
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Court
:
- 11 U.S.C.
Pagels v. Pagels (In re Pagels)
Feb
09
2011
Ruling
Property settlement was not a domestic support obligation and was dischargeable.
Procedural posture
Ex-husband filed a complaint against chapter 13 debtor seeking a determination that an obligation of the debtor arising under a separation agreement, and subsequently reduced to judgment, was nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15). The ex-husband filed a motion for summary judgment, which cited to 11 U.S.C.S. § 1328(a) as additional support for his argument that the debtor's obligation was nondischargeable.
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Court
:
- 11 U.S.C.
Phegley v. Phegley (In re Phegley)
Jan
25
2011
Ruling
Debtor's monthly maintenance payments to former spouse were properly found to be nondischargeable domestic support orders.
Procedural posture
In an adversary proceeding, appellant Chapter 13 debtor sought judicial review of the United States Bankruptcy Court for the Western District of Missouri's determination that his debts for monthly maintenance payments and attorney's fees pursuant to a state court marriage dissolution proceeding were excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(5).
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Court
:
Judge or Jurisdiction information not available