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§ 523(a)(5)

Rivera v. Orange County Prob. Dept (In re Rivera)

Ruling
Claim for expenses of incarceration of debtor's minor child was a nondischargeable domestic support obligation.
Issue(s)
Was debt for expenses of incarceration of debtor's minor child a nondischargeable domestic support obligation?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 04, 2014 , LexisNexis #0714-123

In re Thomas

Ruling
Obligation to pay mortgage payments towards residence for children was a nondischargeable domestic support obligation.
Issue(s)
Whether the bankruptcy court erred in finding that creditor former spouse's claim is a domestic support obligation and overruling debtor's objection to creditor's proof of claim?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 03, 2014 , LexisNexis #0814-015

Moore v. Couture (In re Couture)

Ruling
Debts arising from decree of dissolution of marriage were nondischargeable without need for adversary proceeding.
Issue(s)
Were creditor's claims arising from debts awarded decree of dissolution of marriage to debtor excepted from discharge.

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Consumer opinion summary, case decided on January 27, 2014 , LexisNexis #0214-089

In re Willis

Ruling
Debtor's divorce obligation to second spouse for making debtor's child support payments to debtor's first spouse was not a nondischargeable domestic support obligation.
Issue(s)
Was debt owed by debtor to second spouse pursuant to divorce decree as a result of the second spouse making payments on debtor's child support obligation to debtor's first spouse a nondischargeable domestic support obligation.

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Consumer opinion summary, case decided on January 21, 2014 , LexisNexis #0214-056

Galiardo v. Galiardo (In re Galiardo)

Ruling
Claim for overpayment of spousal support was not a nondischargeable domestic support obligation.
Issue(s)
Should debt based on a judgment arising from overpayment of spousal support be declared nondischargeable as a domestic support obligation?

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Consumer opinion summary, case decided on November 27, 2013 , LexisNexis #1213-083

Accounts Mgmt. v. Langan (In re Langan)

Ruling
Untimely proof of claim for cost of medical care of deceased debtor's deceased spouse, which was not a domestic support obligation, dismissed.
Issue(s)
Should claim against non-debtor for alleged domestic support obligation, based on unpaid care expenses of debtor's deceased spouse, be dismissed as untimely.

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Consumer opinion summary, case decided on October 18, 2013 , LexisNexis #1113-082

Gilliland v. Gilliland (In re Gilliland)

Ruling
Debtor's obligation to maintain life insurance in favor of former spouse was nondischargeable.
Issue(s)
Whether a debtor was allowed to discharge an obligation he had to maintain a life insurance policy that designated his former spouse as the sole beneficiary.

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Consumer opinion summary, case decided on July 29, 2013 , LexisNexis #0813-088

Gaetaniello v. Gaetaniello (In re Gaetaniello)

Ruling
Debt owed to former spouse from proceeds of sale of residence was a dischargeable property settlement.
Issue(s)
Whether the amount owed to chapter 13 debtor's former spouse as her anticipated proceeds from the sale of a marital residence was nondischargeable under 11 U.S.C.S. §§ 523(a)(5) and 1328(a)(2) as a domestic support obligation or dischargeable under 11 U.S.C.S. §§ 523(a)(15) and 1328(a)(2) as a debt in the nature of a property settlement.

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Consumer opinion summary, case decided on July 26, 2013 , LexisNexis #0813-089

OBrien v. Silver (In re Silver)

Ruling
Debts owed to former spouse that were not domestic support obligations were dischargeable.
Issue(s)
Was debtor's obligation to pay own debts and hold former spouse harmless, pursuant to divorce decree, a nondischargeable domestic support obligation.

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Consumer opinion summary, case decided on July 22, 2013 , LexisNexis #0913-117

In re Bub

Ruling
Debtor's agreement to pay mortgage on former marital residence was a nondischargeable domestic support obligation entitled to priority.
Procedural posture

Movant sought to disallow a claim filed by the ex-wife of chapter 7 debtor as a priority claim for a domestic support obligation (DSO). The motion was joined by the chapter 7 trustee.

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Consumer opinion summary, case decided on July 22, 2013 , LexisNexis #0813-055