Smith v. Pritchett (In re Smith)

Late payment penalties ordered by state court pursuant to debtor's separation agreement were not domestic support obligations and were dischargeable.
Procedural posture: 
A state court entered judgment against appellee debtor in the amount of $ 75,010, which represented late payment penalties. The debtor filed a proposed chapter 13 plan. Appellant ex-wife filed a proof of claim and an objection to confirmation. The debtor moved to avoid the ex-wife's lien. A bankruptcy court denied the motion. The Bankruptcy Appellate Panel for the First Circuit (BAP) reversed the bankruptcy court's order. The ex-wife appealed.
ABI Membership is required to access the full summary of Smith v. Pritchett (In re Smith). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 06,2009, LexisNexis #1209-012