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§ 523(a)(5)

Mellor v. Washuta (In re Mellor)

Jan
30
2006
Ruling
Attorney fees and costs related to a divorce and owed to debtor's former spouse were nondischargeable since they were related to child support issues.
Procedural posture

Plaintiff debtor filed an adversary proceeding against defendant, his former spouse, to determine the dischargeability pursuant to 11 U.S.C. § 523(a)(5) of attorney fees and costs incurred in connection with his divorce and owed to his former spouse. The issue was whether the fees were in the nature of alimony or child support.

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opinion summary, case decided on January 30, 2006 , LexisNexis #0506-013
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Gallagher Langlas & Gallagher P.C. v. Clair (In re Clair)

Jan
25
2006
Ruling
Attorneys were denied summary judgment since a material issue remained as to whether an award of attorneys'fees to a debtor's former wife was intended to be a maintenance or support obligation and, thus, whether it was exempt from discharge.
Procedural posture

In a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I), (J), plaintiff law firm sought to recover from defendant debtor a sum of attorneys'fees that the debtor was ordered to pay pursuant to a divorce. The firm moved for summary judgment.

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opinion summary, case decided on January 25, 2006 , LexisNexis #0206-036
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Verdini v. Poirier (In re Verdini)

Dec
02
2005
Ruling
Marital debts were deemed dischargeable since the alimony was actually compensation for unequal distribution of corporate assets.
Procedural posture

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant, the debtor's former spouse, alleging that debts to the spouse arising from the parties'settlement agreement in their divorce proceedings were dischargeable. The spouse contended that the debts were nondischargeable under 11 U.S.C. § 523(a)(5) and (15) as alimony and as marital debts which the debtor was able to pay.

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opinion summary, case decided on December 02, 2005 , LexisNexis #0506-126
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Tynes v. Lowell (In re Lowell)

Sep
06
2005
Ruling
Debts owed to debtor's former spouse pursuant to a divorce decree were nondischargeable since they were intended as part of spousal support.
Procedural posture

Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding against the debtor, seeking a determination that amounts owed by the debtor under the parties'divorce decree were non-dischargeable under 11 U.S.C. § 523(a)(5) and (15). The court conducted a trial.

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opinion summary, case decided on September 06, 2005 , LexisNexis #0106-051
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Bellows v. Froug (In re Froug)

Aug
12
2005
Ruling
Former wife was granted partial summary judgment against debtor in finding spousal and child support were not dischargeable but postponed uncertain determination regarding second mortgage.
Procedural posture

Defendant debtor commenced a chapter 7 bankruptcy proceeding. Plaintiff former wife contended that certain obligations were not dischargeable in bankruptcy under 11 U.S.C. § 523(a)(5). She filed a motion for partial summary judgment or a judgment on the pleadings.

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opinion summary, case decided on August 12, 2005 , LexisNexis #0106-087
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Purviance v. Region 1 Self Reliance Program (In re Purviance)

Jun
09
2005
Ruling
Court granted motion of state agency collector of unpaid child support establishing Canadian child support order as enforceable debt but ruled that material fact remained on whether it was deemed support under the Code.
Procedural posture

Plaintiff debtor filed a complaint against defendant, an agency of the state of Idaho charged with collecting unpaid child support, seeking an order declaring debts, which arose out of a Canadian child support order in favor of her former husband, dischargeable. The state filed a motion for summary judgment contending that the debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(5), the debtor filed a cross motion for summary judgment.

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opinion summary, case decided on June 09, 2005 , LexisNexis #0106-086
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