- 11 U.S.C.
Rogers v. Rogers (In re Rogers)
Apr
11
2008
Ruling
Final divorce decree entered postpetition did not violate stay and awards of portion of retirement funds and attorneys fees were nondischargeable.
Procedural posture
Plaintiff debtor brought an adversary complaint seeking the dischargeability of certain obligations imposed upon him under a divorce decree, including alimony, the non-debtor spouse's attorney's fees, court costs, and the payment of one-half of his military retirement benefits to defendant, the non-debtor spouse. The debtor also asserted that the obligations were void as imposed while the automatic stay was in effect under 11 U.S.C.S. § 362(a).
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Court
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- 11 U.S.C.
Krempa v. Westerbeek (In re Krempa)
Apr
09
2008
Ruling
Preliminary order in ongoing state action to enforce divorce decree was not final and not nondischargeable.
Procedural posture
Appellant bankruptcy debtor brought an adversary proceeding against appellee former spouse of the debtor, seeking a determination that a debt owed to the spouse under a divorce decree was dischargeable. The debtor appealed the judgment of the bankruptcy court for the Western District of Michigan which determined that the debt was nondischargeable based on collateral estoppel.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Johnson
Feb
27
2008
Ruling
Debtor's obligation to make payments on secured debt to former spouse pursuant to divorce decree was a nondischargeable domestic support obligation.
Procedural posture
Debtors, a husband and wife, filed a voluntary petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. The husband's ex-wife filed an objection to the debtors' plan.
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Court
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- 11 U.S.C.
In re Bailey
Dec
20
2007
Ruling
Child support obligation was nondischargeable and could not be satisfied by payment of one half of amount owed.
Procedural posture
A debtor filed a motion to determine that her child support obligation to a creditor was paid through her chapter 13 plan. The creditors objected that the debt was not dischargeable.
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Court
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- 11 U.S.C.
Nelson Keys & Keys P.C. v. Hudson (In re Hudson)
Nov
27
2007
Ruling
Attorneys' fees awarded to debtor's former spouse in custody proceeding were nondischargeable.
Procedural posture
Plaintiff creditor, the law firm that represented defendant debtor's former spouse in a paternity/support proceeding, filed an adversary proceeding seeking a determination that its debt was nondischargeable. The issue was whether attorney fees incurred in the law firm's representation of the former spouse and which the debtor was ordered to pay were nondischargeable under 11 U.S.C. § 523(a)(5). The law firm moved for summary judgment.
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:
- 11 U.S.C.
Edmondson v. Bradshaw (In re Bradshaw)
Aug
24
2007
Ruling
Attorneys'fees awarded to debtor's spouse in long-running child custody proceeding were nondischargeable.
Procedural posture
Plaintiff, the former husband of debtor, and the debtor were engaged in a long-running and hotly contested child custody proceeding. A state court awarded the former husband a portion of his attorney's fees incurred in the child custody dispute, under Ariz. Rev. Stat. § 25-324. The debtor sought to discharge that judgment, and the former husband moved for partial summary judgment of nondischargeability under 11 U.S.C. § 523(a)(5).
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- 11 U.S.C.
Loe Warren Rosenfeld Katcher Hibbs & Windsor PC v. Brooks (In re Brooks)
Jul
19
2007
Ruling
Judgment against debtor for fees incurred by attorney for debtor's spouse in divorce case was dischargeable.
Procedural posture
Defendant chapter 7 debtor filed a motion to dismiss plaintiff judgment creditor's complaint, which sought a determination that debt owed the creditor by the debtor was non- dischargeable under 11 U.S.C. § 523(a)(5) or (a)(15).
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:
- 11 U.S.C.
Busch v. Hancock (In re Busch)
Jun
04
2007
Ruling
Debtor's obligation to pay second mortgage for former spouse was in the nature of support and nondischargeable.
Procedural posture
Appellant chapter 7 debtor challenged a decision of the Bankruptcy Court for the District of Utah, which denied the debtor's motion for relief from judgment under Fed. R. Bankr. P. 7052 and Fed. R. Bankr. P. 9024 after the bankruptcy court held that an obligation owed to appellee, the debtor's ex-wife, was nondischargeable and awarded attorney's fees to the ex-wife's attorney in connection with state and federal litigation.
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- 11 U.S.C.
Wooten v. Reding (In re Reding)
May
03
2007
Ruling
Legal fees incurred by debtor's former spouse in connection with support and custody proceedings was nondischargeable.
Procedural posture
Plaintiff former spouse (spouse) filed a complaint pursuant to 11 U.S.C. § 523(a)(5), seeking a determination of the dischargeability of a debt owned by defendant debtor for attorney's fees arising out of litigation of their divorce decree.
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:
- 11 U.S.C.
Pike v. Currin (In re Currin)
Apr
13
2007
Ruling
"Property settlement" owed by debtor to former spouse in ten years of monthly payments was in the nature of support and nondischargeable.
Procedural posture
Plaintiff former spouse sued defendant debtor, seeking a determination that the debtor's obligation to pay a sum monthly for a period of 10 years pursuant to the parties'divorce decree was nondischargeable under 11 U.S.C. § 523(a)(5) and (a)(15).
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