11 U.S.C. § 523

Section 523(a)(5) permits discharge of divorce attorney’s fees if they are part of a property settlement rather than support.

Friedman v. Silberfein (In Re Silberfein) · filed 1992-04-07(a)(5)

Thus, the relevant inquiry in this case is whether the payment of the legal fee is in the nature of support or rather of a property settlement. If it is part of a property settlement or has some other purpose, then it is dischargeable.

Section 523(a)(5) makes a debt assumed under a divorce decree nondischargeable when the obligation functions as child support, even if the debt to the original creditor is discharged.

Martin v. Martin · filed 1992-05-18(a)(5)

James’ obligation to Judy under the decree is clearly non-dischargeable. While James’ personal obligations to PriMerit Bank and Chase Manhattan Bank were appropriately discharged in bankruptcy, his liability to Judy arises out of the decree.

Section 523(a)(5) excepts a divorce obligation from discharge when it is actually in the nature of maintenance or support, even if awarded as a share of property or for legal fees.

Marker v. Marker (In Re Marker) · filed 1992-04-17(a)(5)

The foregoing analysis indicates that both the $140,000 debt to Marker for her share of the parties’ interest in Marker & Sons, Inc. and the $30,000 award for legal fees are in the nature of maintenance or support. Accordingly, they are not dis-chargeable pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) does not bar discharge of an attorney-fee debt when the award was not intended to serve as support.

Terry ADAMS, Appellee, v. Karen Marie ZENTZ, Appellant · filed 1992-04-30(a)(5)

We are not so convinced, and we therefore sustain as not clearly erroneous the finding of the bankruptcy court that Zentz’s debt to Adams is not in the nature of support.

Section 523(a)(5) makes attorney’s fees nondischargeable when the substance of the obligation is support.

In Re Bernard J. Peters, Debtor. Bernard J. Peters v. Hennenhoeffer · filed 1992-05-18(a)(5)

Bernard J. Peters, pro se, appeals from a judgment of the United States District Court for the Southern District of New York, Gerard L. Goettel, Judge, affirming a judgment of the United States Bankruptcy Court for the Southern District of New York, Howard Schwartzberg, Judge, which held that fees owed to attorney Hennenhoeffer for his representation of Peters' son were in the nature of support and thus nondischargeable debts within the meaning of 11 U.S.C. § 523(a)(5) (1988). Substantially for the reasons set forth in Judge Goettel's opinion, 133 B.R. 291 (S.D.N.Y.1991), including his reliance on In re Spong, 661 F.2d 6, 9 (2d Cir.1981) ("An award of attorney's fees may be essential to a spouse's ability to sue or defend a matrimonial action and thus a necessary under the law. ... [D]ischargeability must be determined by the substance of the liability rather than its form."), we affirm.

Section 523(a)(5) makes dischargeability of a divorce debt depend on whether the debt is alimony, maintenance, or support.

Houghland v. Houghland · filed 1992-05-29(a)(5)

Under 11 U.S.C. § 523(a)(5), the determination of dischargeability depends on whether the debt may be characterized as alimony, maintenance, or support.

Section 523(a)(5)(B) requires proof that a divorce-related debt was intended as support for it to be excepted from discharge.

Bradaric v. Bradaric (In Re Bradaric) · filed 1992-06-04(a)(5)(B)

Ms. Bradaric has not met her burden of proof to show that Debtor’s obligations to pay any debts owed to Household Finance retail, Household Finance VISA, and the Gary-Wheaton Bank were intended to be in the nature of child support. These obligations are therefore dis-chargeable.

Section 523(a)(5)(B) makes divorce-related debt assumptions and attorney’s fees nondischargeable when they are in the nature of alimony, maintenance, or support.

Burns v. Burns (In Re Burns) · filed 1992-06-15(a)(5)(B)

Accordingly, IT IS ORDERED, ADJUDGED AND DECREED that the obligations of the defendant to the plaintiff to pay: the credit card debts, the Dick Banks debt, the second mortgage on the Bridge Street residence, and the plaintiff $5,000 for attorney’s fees, are obligations in the nature of alimony, maintenance and support, therefore, nondischargeable under § 523(a)(5)(B).

Section 523(a)(5)(B) excepts a divorce obligation from discharge only if it is actually in the nature of alimony, maintenance, or support.

Cunningham v. Brown (In Re Cunningham) · filed 1992-06-15(a)(5)(B)

Thus, awards made under the label of child support and maintenance (or awards allegedly in lieu thereof) must actually be such, or they are dischargeable.

Section 523(a)(5) makes unpaid child support arrears nondischargeable, including in Chapter 13.

Gaertner v. Choske (In Re Henry) · filed 1992-07-09(a)(5)

The Defendant’s unsecured debt is nondis-chargeable and can be pursued after the Chapter 13 plan is completed or if the case is converted, or upon relief from the automatic stay.

Section 523(a)(5) makes divorce-related mortgage, equity-loan, and attorney-fee obligations nondischargeable when they provide child support.

Kavanakudiyil v. Kavanakudiyil (In Re Kavanakudiyil) · filed 1992-07-15(a)(5)(B)

As a result, Kavanakudiyil’s obligation to pay the second mortgage and any equity loans is in the nature of child support and is nondischargeable under 11 U.S.C. § 523(a)(5). ... Accordingly, Ka-vanakudiyil’s obligation to pay Mariamma’s attorneys fees represents, in essence, child support and is nondischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts a divorce obligation from discharge when it functions as spousal maintenance or support, even if the divorce decree awards no alimony.

Coe v. Johnson (In Re Johnson) · filed 1992-07-24(a)(5)

Therefore, despite the state court finding that no “alimony” as such would be awarded in this divorce, I find that the award of $1500 a month is in fact a spousal “maintenance” or “support” award and, consequently, non-dischargeable in Peter Johnson’s bankruptcy case pursuant to section 523(a)(5) of the Bankruptcy Code.

Section 523(a)(5) does not except a divorce property settlement from discharge when it is not alimony, maintenance, or support.

Brockman v. Brockman (In Re Brockman) · filed 1992-07-01(a)(5)

Creditor concedes the debt is dischargea-ble pursuant to 11 U.S.C. § 523(a)(5) as being in the nature of a property settlement rather than alimony, maintenance, or support. ... IT IS ACCORDINGLY ORDERED that Linda Ruth Brockman’s claim is discharge-able as being in the nature of a property settlement and not alimony, maintenance, or support.

Direct payment of support-related attorney fees to a former spouse’s lawyer does not, by itself, remove the debt from § 523(a)(5)’s discharge exception.

Shearer v. St. Laurent (In Re St. Laurent) · filed 1992-07-02(a)(5)

However, it is widely agreed upon that such direct payment will not, by itself, cause such a debt to fall outside of the § 523(a)(5) exception to discharge.

Section 523(a)(5) excepts obligations in the nature of alimony, maintenance, or support from discharge.

Sampson v. Sampson (In Re Sampson) · filed 1992-07-24(a)(5)

Accordingly, I hold that the husband’s obligations were in the nature of support, maintenance or alimony and are thus not dischargeable as a matter of federal law.

Section 523(a)(5) makes a divorce obligation nondischargeable when it is actually in the nature of alimony, maintenance, or support, even if labeled a distributive award.

Grasmann v. Grasmann (In Re Grasmann) · filed 1992-08-10(a)(5)(B)

The Debtor’s debt to the plaintiff is in the nature of alimony, maintenance or support and, therefore, nondischargeable pursuant to 11 U.S.C. § 523(a)(5)(B).

Section 523(a)(5) excepts a divorce-related debt from discharge when the obligation is in the nature of alimony, maintenance, or support, as determined by the parties’ intent when they agreed to it.

Peterson v. Fagan (In Re Fagan) · filed 1992-08-12(a)(5)

After applying the Altavilla factors to determine the intent of the parties with respect to the indemnification agreement, the Court concludes that Peterson has not met her burden of showing that it was in the nature of alimony, support, or maintenance.

Section 523(a)(5) excepts a debt to a former spouse from discharge when it is actually in the nature of alimony, maintenance, or support.

Frisbee v. Frisbee (In Re Frisbee) · filed 1992-08-20(a)(5)

In summary, this Court determines that the continuing obligation of the debtor to pay the plaintiff the sum of $25,000.00 annually or 25% of his net annual income, whichever is greater, is nondischargeable. 11 U.S.C. § 523(a)(5). The debt is: (1) intended to create a support obligation; (2) has the effect of providing necessary support; and (3) is not so excessive as to be manifestly unreasonable.

Section 523(a)(5) makes a promise to hold a former spouse harmless on joint debt nondischargeable when the promise provides necessary support.

In Re Michael Jay Palm, Debtor. Michael Jay Palm v. Palm · filed 1992-08-05(a)(5)

We conclude the bankruptcy court's finding that the hold harmless obligation was a nondischargeable support obligation is not clearly erroneous.

Section 523(a)(5) makes a divorce obligation nondischargeable when it is intended to provide support to a former spouse and has that effect, even if it is part of a property settlement.

Karpinski v. Karpinski (In re Karpinski) · filed 1992-08-21(a)(5)

Although all that the parties were doing was dividing the property between them, as Singer suggests, where the property settlement has the effect of and is done with the intent to provide support for the non-debtor spouse, the obligation is nondischargeable.

Section 523(a)(5) treats attorney fees awarded in custody or visitation litigation concerning a child’s welfare as nondischargeable support, regardless of whether the fee award addresses the recipient’s financial need.

Wedgle & Shpall, P.C. v. Ray (In Re Ray) · filed 1992-08-07(a)(5)

Thus, in determining whether attorney fees are nondischargeable under § 523(a)(5), the bankruptcy court should have focused on the character of the underlying proceedings, not who was to have been paid the attorney fees, since the putative beneficiary of the award is, in fact, the child.

Section 523(a)(5)(A) keeps child support debt nondischargeable when it is assigned to a state's political subdivision.

Brown v. Moss (In Re Brown) · filed 1992-09-16(a)(5)(A)

As a political subdivision of the State of Michigan, the Roscommon County Friend of the Court satisfies the alternative provision of § 523(a)(5)(A) which states that even if the assignment was not in accordance with Section 402(a)(26) of the Social Security Act, the debt would still be held nondischargeable if the assignment was made to “any political subdivision of such State.” This Court therefore finds that the ar-rearage assigned to the Roscommon County Friend of the Court meets all of the requirements of 11 U.S.C. § 523(a)(5)(A) for nondischargeability.

Section 523(a)(5) excepts a divorce obligation from discharge only if it is actually in the nature of support; an agreement’s label does not control.

Light v. Adkins (In Re Light) · filed 1992-09-17(a)(5)

The underlying facts, as found by the federal bankruptcy court, are determinative, and statements that label obligations as nondischargeable are irrelevant.

Section 523(a)(5) makes a support obligation nondischargeable when the debtor is barred from denying it is alimony after claiming tax benefits by treating the payments as alimony.

Holloway v. Kelley (In Re Kelley) · filed 1992-09-29(a)(5)

Consequently, this Court need not address evidence of intent when the case may be decided on the basis of estoppel. ... The reasoning of Davidson controls the case at bar. A spouse should not be permitted to successfully argue that support payments were not alimony after he or she has reaped a benefit from classifying them as such for tax purposes.

Section 523(a)(5) excepts marital debts intended to provide support or maintenance for a former spouse and children from discharge.

McCartin v. McCartin (In Re McCartin) · filed 1992-09-23(a)(5)

Accordingly, and independently of the October 21, 1991 Family Court Order (which only reinforces our conclusion herein), we rule that the subject debts are non-dischargeable, pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5)(B) treats clear agreement language showing that the parties intended a debt as spousal support as prima facie evidence that the debt is nondischargeable.

Catron v. Catron (In Re Catron) · filed 1992-09-23(a)(5)(B)

Adherence to Tilley in this case compels the court to conclude that the clear and unambiguous language of intent in the agreement establishes a prima facie case that the debt owed Mrs. Catron is non-dischargeable.

Section 523(a)(5) does not except a former spouse’s right to share retirement benefits from discharge when the obligation is a property settlement rather than support.

Baker v. Baker (In Re Baker) · filed 1992-09-29(a)(5)

For these reasons, this Court is satisfied that the obligation in question is in the nature of a property settlement and, therefore, dis-chargeable.

Section 523(a)(5) makes debts in the nature of maintenance or child support nondischargeable, while debts that only settle property are dischargeable.

Blumenfeld v. Blumenfeld · filed 1992-10-05(a)(5)

Whether the subject debt is dischargeable in bankruptcy rests on whether it was in the nature of an obligation to pay maintenance or child support on the one hand, or a property settlement only, on the other. If it was in the nature of support, then it was nondischargeable, and conversely, if it wasn’t, then the debt is dischargeable.

Section 523(a)(5) excepts a divorce-related obligation from discharge when it functions as support for a former spouse or child, including an obligation to remove a mortgage from the family home.

Cummings v. Cummings (In re Cummings) · filed 1992-11-03(a)(5)

Upon consideration of § 523(a)(5) and the case law thereon, this Court concludes that Debtor’s obligation to remove the second mortgage on Plaintiff-Cummings’ home is a debt in the nature of support that is non dischargeable. It is clear that the removal of the second mortgage by Debtor was designed by the parties to insure that Plaintiff-Cummings could afford to remain in the home with the children.

Section 523(a)(5) makes a debt nondischargeable when the award was intended to serve as support rather than a property settlement.

In Re: Robert Henry Rasmussen, Debtor, Roberta Rasmussen v. Rasmussen · filed 1992-12-07(a)(5)

In determining whether to characterize an award as support or as a property settlement, "the crucial issue is the function the award was intended to serve." Id. ... We have carefully reviewed the record and conclude that the Bankruptcy Court did not clearly err in finding that these debts were nondischargeable.

Section 523(a)(5) excepts a past due maintenance obligation to a former spouse from discharge.

In Re Benner · filed 1992-10-22(a)(5)

The Debtor’s ex-wife, Catherine Guen-ther, is listed at Schedule F as an unsecured nonpriority claim in the amount of $11,200 for past due maintenance. By operation of 11 U.S.C. § 1328(a)(2) and 11 U.S.C. § 523(a)(5), this debt is excepted from discharge under either Chapter 7 or 13.

Section 523(a)(5) makes attorney’s fees incurred in child custody modification proceedings nondischargeable when they relate to the children’s support.

Jones v. Jones (In re Jones) · filed 1992-10-27(a)(5)

The Court, however, agrees with Judge Cauthron and finds that the attorney’s fees are related to the children’s “support” and therefore are nondischargeable in bankruptcy.

Section 523(a)(5) excepts domestic obligations from discharge when they are actually in the nature of alimony, maintenance, or support.

English v. English (In Re English) · filed 1992-10-28(a)(5)

The statutory language in § 523(a)(5) requires the domestic obligation to be “actually in the nature of” alimony, maintenance, or support.

Section 523(a)(5) excepts obligations under a divorce agreement from discharge when the parties intended them as spousal support.

Manning v. Wetterberg (In Re Manning) · filed 1992-11-06(a)(5)

That spousal support was the parties’ intent is manifest from their settlement agreement and divorce decree, and this court finds that all of the three contested items are in the nature of spousal support and therefore excepted from discharge pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts an obligation to assume marital debts and hold a former spouse harmless from discharge only if the obligation is actually in the nature of alimony, maintenance, or support.

Semler v. Semler (In Re Semler) · filed 1992-10-28(a)(5)

Defendant-Debtor’s obligation to assume debts and hold Plaintiff harmless thereon imposed by the parties’ Decree of Dissolution of their marriage is a dischargeable debt pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts support obligations from discharge, but not property settlements; a state court cannot revive a discharged property settlement.

SPANKOWSKI (ZUERCHER) v. Spankowski · filed 1992-11-04(a)(5)

Although neither court explicitly applied a supremacy clause analysis, their decisions are consistent with our holding today that Congress has already balanced the federal and state interests in its enactment of 11 U.S.C. § 523(a)(5) and that state laws cannot be used to bypass that balancing, especially when there are no safeguards to the federal interest. Accordingly, we hold that a modification of a property settlement after the debt was discharged in bankruptcy is a violation of the supremacy clause.

Section 523(a)(5)(B) makes a divorce obligation nondischargeable when it is actually in the nature of spousal support.

Linthicum-Sandoval v. Sandoval (In re Sandoval) · filed 1992-12-21(a)(5)(B)

The parties entered into settlement agreement with the intent to provide monetary support to Plaintiff and therefore the obligation is in the nature of a support obligation. Under 11 U.S.C. § 523(a)(5)(B), Defendant’s obligation for spousal support is nondischargeable.

Section 523(a)(5) excepts a custodial parent’s share of guardian ad litem fees from discharge when the services support the children, including through custody and visitation proceedings.

Swartzberg v. Lockwood (In Re Lockwood) · filed 1992-12-11(a)(5)

Nevertheless, this court is persuaded that virtually all services related to, the children’s interests, including custody and visitation, also relate to their support.

Section 523(a)(5) does not except debts arising from a divorce property settlement from discharge.

Long v. Donahue (In Re Long) · filed 1992-12-21(a)(5)

Debts arising from a divorce decree that are in the nature of a property settlement are not excepted from discharge under § 523(a)(5).

Section 523(a)(5)(B) excepts a divorce award from discharge when the award actually functions as support, regardless of its label.

Bonheur v. Bonheur (In Re Bonheur) · filed 1992-12-21(a)(5)(B)

This Court finds, therefore, that the equitable distribution award of $32,290.75, as granted in the divorce decree to Ms. Bon-heur, is in the nature of support and is a non-dischargeable debt of Hooshang Bon-heur, the Debtor/Defendant in this Chapter 7 bankruptcy case.

Section 523(a)(5) makes the intent behind a divorce obligation relevant to whether it is support and therefore excepted from discharge; for a contested decree, the inquiry focuses on the divorce court’s intent.

In Re Richard J. MOREL, Debtor. Kathryn E. MOREL, Appellant, v. Richard J. MOREL, Appellee · filed 1992-12-30(a)(5)

Although the inquiry must necessarily focus more upon the intent of the court in a contested proceeding, the issue for the Bankruptcy Court under § 523(a)(5) remains one of intent.

Section 523(a)(5)(B) does not except custody-return expenses and related attorney’s fees from discharge when they are not part of child support.

Luna v. Mastella (In re Mastella) · filed 1992-12-24(a)(5)(B)

A review of these record documents clearly establishes that this Court was in error in deciding that the $6400 award to the Plaintiff was an integral part of support imposed upon the Debtor. On the contrary the Circuit Court determined that said award consisted of $5000.00 for reimbursement of expenses incurred by the Debtor’s husband in attempting to secure the return of their minor children, from Argentina to the jurisdiction of the Florida Court and $1400 for attorney’s .fees and costs incurred by him in procuring their return. As such they could not be construed as “an integral part of support imposed upon the debtor.”

Section 523(a)(5) excepts a domestic obligation from discharge when it is actually in the nature of alimony, maintenance, or support.

Pollock v. Pollock (In Re Pollock) · filed 1992-12-30(a)(5)

Nevertheless, it is not every debt owing to a spouse, former spouse, or child that is rendered non-dischargeable by reason § 523 of the Bankruptcy Code. It is only that liability which is “actually in the nature of alimony, maintenance, or support”.

Section 523(a)(5) excepts divorce obligations in the nature of support from discharge, including payments for housing and attorney's fees, but permits discharge of an obligation replacing lost personal property.

Lewis v. Lewis, No. 95086 (Jan. 6, 1993) · filed 1993-01-06(a)(5)

Accordingly, this court concludes the $50,000 payment is nondischargeable in bankruptcy. The court's conclusion is the same as to the $5,000 award of attorney's fees. ... Therefore, the $38,316 due the plaintiff is not dischargeable in bankruptcy, with the exception of that portion, if any, allowable to the $2,400 Coastal Bank loan.

Section 523(a)(5)(B) excepts an obligation to a former spouse or child from discharge when it is in the nature of alimony, maintenance or support.

Demas v. Demas (In Re Demas) · filed 1993-01-22(a)(5)(B)

Pursuant to 11 U.S.C. § 523(a)(5)(B), an obligation to a former spouse or child that is in the nature of alimony, maintenance or support is not discharged. The plaintiff, in her amended complaint, asserts that part of the debtor’s obligation to her is non-dischargeable because it represents alimony and support. Manifestly, the amended complaint states a claim upon which relief can be granted.

Section 523(a)(5) makes obligations under a temporary divorce order to pay marital debts and attorney’s fees nondischargeable when they serve as support.

Rump v. Rump (In Re Rump) · filed 1993-02-11(a)(5)

The Court, therefore, holds that Defendant’s obligation to pay the Marital PDL Debts and the PDL Attorney’s Fees as ordered by the PDL Order are in the nature of support to Plaintiff and are non-dischargeable pursuant to 11 U.S.C. Sec. 523(a)(5).

Section 523(a)(5)(B) makes an obligation intended as support nondischargeable even if a separation agreement labels it a property award.

Brody v. Brody (In Re Brody) · filed 1993-01-22(a)(5)(B)

Courts are not to look solely to a label that may have been applied to the obligation by either a state court or the parties but instead must look to the purpose of the obligation to determine its true character.

Section 523(a)(5) permits discharge of a contractual obligation to pay college expenses when state law has ended the duty of support.

In Re Dillard M. Sholes, III Shirlene Hammitt Sholes, Debtors, Dillard M. Sholes, III v. Sholes · filed 1993-01-25(a)(5)

Sholes had stipulated that he intended to provide support when he agreed to pay the college expenses. But Tennessee law terminates support obligations at age eighteen. See Tenn.Code Anno. § 34-1-101(b) (1991); Penland v. Penland, 521 S.W.2d 222, 224-25 (Tenn.1957). Therefore, the agreement was actually contractual in nature, and the debt could be discharged. The district court agreed with the bankruptcy court's decision. We conclude that the district court and the bankruptcy court were both correct.

Section 523(a)(5) can make a debt owed directly to a third party nondischargeable when it functions as maintenance or support.

Burns v. Burns (In Re Burns) · filed 1993-01-26(a)(5)

The law is well settled in the Eighth Circuit that a debt owed to a third party can be in the nature of maintenance and, therefore, subject to denial of discharge under section 523(a)(5).

Section 523(a)(5) makes a divorce decree obligation to pay and hold a former spouse harmless on debts nondischargeable when it functions as maintenance.

Ellis v. Ellis (In Re Ellis) · filed 1993-01-28(a)(5)

Similarly, the Court finds that the Decree’s order that Mr. Ellis pay and hold Ms. Ellis harmless on certain debts is also in the nature of maintenance and therefore nondischargeable.

Section 523(a)(5) makes an attorney fee obligation nondischargeable when the fees arise from custody or support litigation and serve a support function.

Scharmen v. Scharmen · filed 1993-02-01(a)(5)

The primary issues litigated were custody, modification of support and enforcement of support. The cases uniformly hold that a fee award incurred in connection with such litigation is "in the nature of alimony or support" and thus nondischargeable. ... In applying the law to the facts of this case, the trial court erred in ordering the attorney fee award discharged.

Section 523(a)(5) makes attorney fees awarded in a divorce decree nondischargeable when they serve a maintenance function.

Schechter & Watkins, P.C. v. Lombardo (In Re Lombardo) · filed 1993-02-11(a)(5)

Given the facts in this case, the Court is convinced that the dissolution decree’s award of attorneys’ fees serves a maintenance function and as such is non-dischargeable under section 523(a)(5) of the Bankruptcy Code.

Section 523(a)(5) allows a nondischargeability claim for divorce awards of assets that may constitute child support or spousal maintenance.

Sculler v. Rosen (In Re Rosen) · filed 1993-03-12(a)(5)

Inasmuch as these awards, in the form of municipal bonds and Bat Mitzvah funds, may constitute child support and spousal maintenance, Plaintiffs have stated claims upon which a nondischargeability action under § 523(a)(5) may be sustained.

Section 523(a)(5) excepts divorce obligations from discharge when they primarily serve a support function, including maintenance and attorney fee awards.

Smith v. Smith (In Re Smith) · filed 1993-03-22(a)(5)

Defendant has shown by a preponderance of the evidence that the $4,200 maintenance in gross and $600 attorney fee awards were intended primarily to serve support functions, and are therefore non-dischargeable in this bankruptcy proceeding.

Section 523(a)(5) makes divorce settlement debts nondischargeable when the payments serve a maintenance or support function.

Cochard v. Cochard (In Re Cochard) · filed 1993-03-31(a)(5)

The nearly twenty-two year duration of the Cochard’s marriage, the periodic nature of the alimony awarded in the Settlement Agreement and the language of the Settlement Agreement suggest to the Court that the payments David Cochard agreed to make to Sara Cochard under the 1983 Settlement Agreement served a maintenance function. Pursuant to Section 523(a)(5) of the Bankruptcy Code, David Cochard’s obligations under the Settlement Agreement are nondischargeable in bankruptcy.

Section 523(a)(5) makes divorce settlement payments and related insurance obligations nondischargeable when they are in the nature of support rather than a division of property.

Copeland v. Copeland (In Re Copeland) · filed 1993-03-09(a)(5)

The tax treatment by the parties, the characterization by the parties, the statements of the parties in court, the insurance provisions, the termination of payments upon the death of Mrs. Copeland, the unequal earning capacity of the parties, and the fact that the payments were needed to meet the daily needs of Mrs. Copeland and the children overwhelmingly indicate that the payments, as well as the insurance obligations, were in the nature of support and were not a division of property between the parties. ... It is Ordered and Adjudged that the debt of the debtor Albert Copeland, Jr. set forth in the Settlement Agreement dated March 20, 1990, and incorporated into a Divorce Judgement and Decree filed on April 6, 1990, in the Superior Court for the County of Lowndes, State of Georgia, owed to Marsha Ann Copeland, is nondischargeable pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts alimony and child support obligations from discharge, but not property settlement debts.

Dilg v. Greenburgh (In Re Greenburgh) · filed 1993-03-26(a)(5)

This conclusion is obvious from perusal of 11 U.S.C. § 523(a)(5). Only alimony and child support obligations are nondischargeable. Property settlements are not.

Section 523(a)(5) excepts court-ordered attorney and guardian ad litem fees from discharge when they arise from a custody hearing for a child’s benefit and support.

In the Matter of Gloria Jean R. Dvorak And, James O. Dvorak, Debtors. Gloria Jean R. Dvorak v. Carlson · filed 1993-03-26(a)(5)

Because the fees charged by Appellees were incurred during a court hearing that was for Brandi Rich’s benefit and support, and because the state court then ordered the fees to be paid by Appellant, we conclude that the fees constitute a non-dis-chargeable debt under § 523(a)(5).

Section 523(a)(5) excepts marital debts from discharge when the parties intended the obligation to pay them as support for a former spouse.

Zalenski v. Zalenski (In Re Zalenski) · filed 1993-04-05(a)(5)

This Court finds that these debts were intended to be in the nature of alimony or support, in order to relieve Plaintiff from having to make payments thereon, given the wide disparity in the parties’ income and financial circumstances at the time the Agreement was executed. Therefore, the $1,803.14 debt shall be deemed non-dis-chargeable pursuant to § 523(a)(5).

Section 523(a)(5)(B) requires courts to examine the true nature of a divorce obligation to decide whether it provides support, regardless of its label.

Linet v. Azia (In Re Azia) · filed 1993-04-22(a)(5)(B)

The language of section 523(a)(5)(B) indicates a court must look beyond the label which the parties gave to the debt and inquire into the true nature of the debt.

Under § 523(a)(5), the intended support function of a divorce obligation is a question of fact; summary judgment is improper when the evidence permits different findings about that intent.

Coe v. Johnson · filed 1993-05-10(a)(5)

As cases in other jurisdictions have recognized, the intention of the state court and the parties in claims based upon 11 U.S.C. § 523(a)(5) is a fact to be found rather than a legal conclusion to be drawn.

Section 523(a)(5) does not except a divorce obligation from discharge when the obligation is a property settlement rather than support.

Stitham v. Stitham (In Re Stitham) · filed 1993-04-23(a)(5)

It is this court’s role to determine the true nature of the obligation, labels notwithstanding, and apply the law accordingly. ... Thus, plaintiff’s § 523(a)(5) count must fail.

Section 523(a)(5) excepts a debt to a former spouse from discharge when the party seeking the exception proves that the parties intended the obligation as support and that it was support in substance.

In Re Sampson · filed 1993-06-21(a)(5)

Thus, whether an obligation is nondischargeable under § 523(a)(5) is a dual inquiry into both the parties's intent and the substance of the obligation. The party seeking to hold the debt nondischargeable has the burden of proving by a preponderance of the evidence that the parties intended the obligation as support and that the obligation was, in substance, support.

Section 523(a)(5) makes a divorce obligation nondischargeable when its purpose is spousal support, even if the decree does not label it as such.

Clark v. Grey (In re Grey) · filed 1993-06-22(a)(5)

Accordingly, judgment will be entered on behalf of the plaintiff designating the $11,-000.00 as a nondischargeable debt for “... maintenance for, or support ... in connection with a separation agreement under the provisions of 11 U.S.C. § 523(a)(5).”

Section 523(a)(5) makes alimony for a former spouse nondischargeable; payments for a nonadopted stepchild’s support are dischargeable even if labeled alimony.

Robb-Fulton v. Robb (In re Robb) · filed 1993-07-06(a)(5)

Thus, if the payments of $3,000 per month were in fact alimony payments the debt is not dischargeable. If the payments were for the support of Dianna Maphis, who is not a child of the debtor, even if labelled as “alimony” by the parties, the debt would be dis-chargeable.

Section 523(a)(5) makes past-due spousal support nondischargeable when the parties intended the obligation as support or maintenance.

Gibson v. Gibson (In Re Gibson) · filed 1993-06-11(a)(5)

The court, therefore, finds that the debtor’s obligation of $15,600 to defendant represents spousal support or maintenance, is for arrearages only, and is, therefore, nondischargeable under § 523(a)(5) of the Bankruptcy Code.

Section 523(a)(5)(A) does not make a child support debt dischargeable when a third party acquires it through subrogation rather than assignment.

Monsanto Industrial Chemicals, Inc. v. Harris · filed 1993-07-09(a)(5)(A)

Because it appears to this Court that Judge Shapero correctly concluded that Monsanto’s debt arose via subrogation rather than assignment, the Court finds no error in his conclusion that the debt is not discharge-able.

Section 523(a)(5) makes divorce agreement obligations nondischargeable when they are in the nature of support or maintenance, including past-due mortgage and health insurance payments.

Northcutt v. Northcutt (In Re Northcutt) · filed 1993-07-22(a)(5)

The Court believes that a review of the facts and circumstances of this case, in light of the “Calhoun test”, strongly compels the finding that the assumed obligations of the Debtor were in the nature of support and maintenance and are nondis-chargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) makes obligations actually owed for child support nondischargeable without requiring the bankruptcy court to reconsider the reasonableness of a contested state court support judgment.

Lock v. Lock (In re Lock) · filed 1993-09-15(a)(5)

Accordingly, the plaintiff’s motion to dismiss the counter-complaint is granted and the debtor’s obligations are held nondis-chargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts a debtor’s obligation to pay a former spouse’s college expenses from discharge when the obligation is actually in the nature of support.

Friedrich v. Friedrich (In Re Friedrich) · filed 1993-07-27(a)(5)

Plaintiff has proven that Defendant’s assumption of one-half of her college expenses is actually in the nature of support. Consequently, Defendant’s obligation to pay one-half of Plaintiff’s college expenses is excepted from discharge under 11 U.S.C. § 523(a)(5) and the third branch of Plaintiff’s Motion for Summary Judgment is Granted.

Section 523(a)(5) classifies a separation-agreement payment as support based on the parties’ intent when they executed the agreement.

In Re Denis Brody, Debtor. Carol Brody v. Brody · filed 1993-08-11(a)(5)

Under bankruptcy law, the intent of the parties at the time a separation agreement is executed determines whether a payment pursuant to the agreement is alimony, support or maintenance within the meaning of section 523(a)(5).

Section 523(a)(5) makes divorce obligations that are actually in the nature of support nondischargeable, regardless of how the agreement labels them.

Drennan v. Drennan (In Re Drennan) · filed 1993-11-09(a)(5)

Thus, the language of the statute reinforces the duty of a court to look behind the language of any agreement to determine the true intent of the parties in the designation of rights and obligations.

Section 523(a)(5) excepts child and spousal support debts from discharge.

In Re Citrone · filed 1993-10-14(a)(5)

Therefore, to the extent that Daniele’s judgement liens represent judgment debts for child and spousal support, they are not dis-chargeable under 11 U.S.C. § 523(a)(5) and thus may not be avoided under 11 U.S.C. § 522(f)(1).

Section 523(a)(5) excepts awards to a former spouse from discharge when they function as alimony or support, including awards of marital assets and attorney fees.

Gibbons v. Gibbons (In Re Gibbons) · filed 1993-10-20(a)(5)

After a careful analysis of Master O’Brien’s decision in the Family Court, the opinion of the Rhode Island Supreme Court on appeal, and considering the applicable factors listed above, we find that the Debtor’s obligation to pay his former spouse 70% of the marital assets and to pay her legal expenses in the amount of $35,000 are in the nature of alimony or support and are therefore nondis-ehargeable.

Section 523(a)(5) excepts a marital obligation from discharge when the parties intended it to function as support, regardless of its label.

Bereziak v. Bereziak (In Re Bereziak) · filed 1993-10-28(a)(5)

Although we believe that the bankruptcy court’s ruling could have gone either way in this ease, we nevertheless find that this record amply supports the conclusion that these parties intended that the monthly interest payments on the $300,000 lump sum payment operate and functioned as support for the wife-plaintiff. Accordingly, no basis exists on the face of this record upon which this court can find that that decision is clearly erroneous or is the result of an abuse of discretion. For this reason, we decline to disturb the bankruptcy court’s decision that the debt in question is nondischargeable.

Section 523(a)(5)(B) excepts an agreed obligation to pay adult children’s college expenses from discharge when the obligation functions as support, even if state law could not impose it.

Warren v. Warren (In Re Warren) · filed 1993-11-04(a)(5)(B)

This adversary proceeding, here on removal from state court, presents the question whether the debtor’s consensual, divorce-related obligation to pay a portion of his children’s post-secondary schooling expenses is “in the nature of support” within the meaning of § 523(a)(5)(B) and, thus, whether it survives his September 22, 1988, Chapter 7 discharge. After receiving evidence at trial and the parties’ post-trial briefs, I conclude that it does.

Section 523(a)(5) can except child support from discharge when a post-nuptial agreement provides that support through a trust.

Lawson v. Lawson (In re Lawson) · filed 1993-12-09(a)(5)

But the fact that the couple chose to provide the support of the children by way of an inter vivos trust does not take the agreement outside the purview ofSec. 523(a)(5).

Section 523(a)(5) excepts divorce obligations that are in the nature of alimony from discharge.

Johnson v. Arcelus (In re Johnson) · filed 1993-12-20(a)(5)

The award to Ms. Arcelus in the Final Divorce Decree is in the nature of alimony, and not a property settlement. Therefore, the amount of alimony due Ms. Arcelus from Johnson is excepted from discharge pursuant to 11 U.S.C. § 523(a)(5) and is a nondis-chargeable debt.

Section 523(a)(5) makes genuine alimony nondischargeable without requiring the former spouse to show a present need for support.

In Re John Paul Fitzgerald, Debtor. Jean A. Fitzgerald v. Fitzgerald · filed 1993-11-10(a)(5)(B)

Here, where no one disputes that these payments are anything except alimony payments, Congress has directed that they are not dischargeable. We need not decide whether plaintiff was or was not working at the time of the divorce since that fact does not change the nature of the payments here.

Section 523(a)(5) excepts support obligations arising from a divorce decree from discharge, but obligations dividing marital property are dischargeable.

Ziegenhorn v. Iowa District Court for Muscatine County · filed 1993-11-29(a)(5)

We hold the ITT debt was not a support obligation but part of a property division which is dischargeable in bankruptcy.

Section 523(a)(5) excepts a child support obligation from discharge even when payment is made to a third party on the child’s behalf.

Heintz v. Tremblay (In Re Tremblay) · filed 1993-12-22(a)(5)

Other courts have held, and this Court agrees, that if the obligation is in the nature of support, payment does not have to be made directly to the child to be non-dischargeable under 11 U.S.C. § 523(a)(5), and it may be paid to a third party on behalf of the child.

Section 523(a)(5) makes divorce-related attorney’s fees and costs nondischargeable when they are intended as support, even if the former spouse waived formal support payments.

Beaton v. Zerbe (In Re Zerbe) · filed 1994-01-05(a)(5)

Thus, a debt for attorney’s fees can be in the nature of support even though the ex-spouse has made a waiver of such support. ... Finding no error in the bankruptcy court’s ruling, this court AFFIRMS the bankruptcy court’s finding that the debts for attorney’s fees and costs are non-dischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) uses federal bankruptcy law to determine whether a divorce obligation is alimony, maintenance, or child support.

Mills v. Mills (In Re Mills) · filed 1994-01-26(a)(5)

For purposes of discharge under § 523, determination of what constitutes alimony, maintenance, or child support is made under federal bankruptcy law rather than under state law.

Section 523(a)(5) makes divorce settlement obligations intended as spousal support nondischargeable, even if they continue after remarriage and are not taxable to the recipient.

Hughes v. Hughes (In Re Hughes) · filed 1994-02-04(a)(5)

As explained in Catron, the parties are at liberty to make such agreements and the fact that they do so does not undermine the other compelling evidence that the payments required by Paragraphs 4, 6, 9 and 11 are in the nature of support.

Section 523(a)(5)(B) excepts guardian ad litem fees from discharge when they are in the nature of support for the debtor’s children, even though the fees are paid to a third party.

Baillargeon v. Stacey (In Re Stacey) · filed 1994-01-06(a)(5)(B)

Accordingly, I find the debt is in the nature of support and non-dis-chargeable under 11 U.S.C. § 523(a)(5)(B).

Section 523(a)(5) excepts attorney fee and utility reimbursement debts from discharge when they were intended as support.

Pinkstaff v. Pinkstaff (In Re Pinkstaff) · filed 1994-01-10(a)(5)(B)

This Court’s analysis of the Decree which included a specific finding of financial necessity, the disparity in income between the parties and the fact that Kathleen was charged with caring for a minor child compel the conclusion that the Attorneys Fees represented spousal support. ... The Court also finds that the debt owed by the Debtor to Kathleen for the Water Bill is nondisehargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5)(B) excepts a debt from discharge when it is actually in the nature of alimony, maintenance, or support.

Catron v. Catron (In Re Catron) · filed 1994-01-21(a)(5)(B)

There is ample basis in the record to support the decision of the Bankruptcy Court that the debt created by Paragraph 2 of the Settlement Agreement was in the nature of alimony, maintenance or support and hence was non-dischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts divorce decree obligations for alimony, support, or maintenance from discharge.

Callis v. Bryce · filed 1994-02-08(a)(5)

Obligations created under a decree of dissolution of marriage are dischargeable in bankruptcy unless the obligations are for “alimony, support or maintenance.” 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts a marital settlement debt from discharge when the parties intended it as support, including when it is payable as a lump sum.

Freeman v. Freeman (In Re Freeman) · filed 1994-03-23(a)(5)

In determining whether an agreed debt is dischargeable under 11 U.S.C. § 523(a)(5), inquiry is to the actual situation and intent of the parties when the agreement was made. ... Under these circumstances, the provision for payment of $77,000.00 was intended to be a form of alimony and support and that debt is therefore non-dischargeable.

Section 523(a)(5) excepts an indemnification obligation from discharge when the parties intended it to replace maintenance or support.

Reiff v. Reiff (In Re Reiff) · filed 1994-04-07(a)(5)

The Bankruptcy Code (“Code”) provides that debts in the nature of maintenance are excepted from discharge. 11 U.S.C. § 523(a)(5). ... The indemnification provision in the Agreement clearly states the intent of the parties, namely that debtor’s obligation to indemnify and hold plaintiff harmless was intended by the parties to be in lieu of support. ... Since I am obligated to enforce that intent, the debtor’s obligation to indemnify and hold plaintiff harmless is non-dischargeable.

Section 523(a)(5) excepts obligations that are actually in the nature of support from discharge, even when the parties label them a property settlement.

Bourassa v. Bourassa (In Re Bourassa) · filed 1994-04-22(a)(5)

For the reasons set out below, the Court finds that the defendant’s obligation to make monthly payments of $1,000.00 is in the nature of support for the plaintiff and is exempt from discharge pursuant to section 523(a)(5). The Court further finds that the lump sum payment of $50,000.00 due upon the sale of W.L. Bourassa Disposal, Inc., or the majority of its assets and/or the Base Hill Road property, or upon the death of Walter L. Bouras-sa, is in the nature of a property settlement dischargeable subject to the rights of the plaintiff as a mortgagee on the property.

Section 523(a)(5) excepts payments to a former spouse from discharge when the parties mutually intended them as alimony.

Bankr. L. Rep. P 75,869 in Re David Robb, Sr., Debtor. Linda Robb-Fulton v. David Robb, Sr. · filed 1994-05-06(a)(5)

Because the Debtor classified the $3,000 Monthly Payments to Linda as alimony on his income tax returns and those payments bore no relation to the specific needs of Dianna and could terminate even though Dianna might have continuing needs, the facts clearly establish that the parties mutually intended the $3,000 Monthly Payments to qualify as alimony. Accordingly, even without the benefit of quasi-estoppel we conclude that these payments are excepted from discharge pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) requires a determination based on relevant facts of whether a divorce debt is support or property division.

In RE MARRIAGE OF LYMAN v. Lyman · filed 1994-04-19(a)(5)

There is no indication that the trial court considered any relevant facts of record in reaching its decision. Under these circumstances, we conclude that the trial court erroneously determined that Patricia's claim was for support and maintenance and not dis-chargeable in bankruptcy.

Section 523(a)(5) excepts a parent's obligation to pay children's college expenses from discharge when the obligation is in the nature of support.

Ozey v. Ozey (In Re Ozey) · filed 1994-04-21(a)(5)

The Court does not hereby determine the exact amount owing by Erhan to Funda, Erfun and Ferhan as support for college expenses; but the Court does determine that such amount, whatever it may be, is excepted from discharge under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts attorney fees incurred to enforce child support from discharge.

Sinewitz v. Sinewitz (In Re Sinewitz) · filed 1994-04-29(a)(5)

This Court holds that the $4,500.00 obligation for attorneys’ fees (as well as such additional fees as the Probate Court may choose to award in connection with Plaintiffs representation in this adversary proceeding) is nondisehargeable pursuant to § 523(a)(5).

Section 523(a)(5)(B) excludes an obligation to a former spouse from discharge only if it is actually in the nature of alimony, maintenance, or support; a property settlement is dischargeable.

Blaustein v. Berg (In Re Berg) · filed 1994-05-12(a)(5)(B)

Debtor has shown that it was the parties’ intention that his obligation was assumed in exchange for a release of all Plaintiffs claims to his business, and thus the obligation was not in the nature of support, alimony or maintenance, but was in the nature of a dischargeable property settlement.

Section 523(a)(5) does not except an attorney fee award from discharge when the award is made directly to the attorney rather than to the spouse or former spouse.

Cooper v. Garcia (In Re Garcia) · filed 1994-05-31(a)(5)

Because the award in this case was “to” the attorney, not the spouse, the debt is dischargeable.

Section 523(a)(5) excepts fees for a guardian ad litem and a psychologist in a divorce proceeding from discharge when the fees are in the nature of support for the debtor’s children.

Miller v. Gentry (In Re Miller) · filed 1994-06-03(a)(5)

In sum, although the bankruptcy court has articulated many salient arguments supporting its decision, the court is compelled to conclude that Miller’s debts to the appellants are nondisehargeable under § 523(a)(5). It appears clear that the fees charged by both Burger and Gentry are in the nature of “support” under the Tenth Circuit’s interpretation of § 523(a)(5).

Section 523(a)(5) excepts from discharge a divorce-related obligation that functions as support, even when its payments are calculated by reference to a car loan.

Sadowsky v. Larson (In Re Larson) · filed 1994-07-06(a)(5)

IT IS FURTHER ORDERED that the plaintiffs motion for summary judgment is in all things GRANTED, and that judgment be entered in favor of the plaintiff-creditor, Cindy Sadowsky, and against the defendant-debtor, Michael M. Larson, a/k/a Mike Larson, a/k/a Michael Larson, in the amount of $22,466.10, said sum being nondis-chargeable in bankruptcy under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts divorce-related attorney and commissioner fees from discharge when they are in the nature of support, even if no spousal support was awarded.

Taylor v. Foiles (In Re Foiles) · filed 1994-06-17(a)(5)

In summary, although it is a close call, since the divorce litigation involved issues of support which were decided in favor of the debtor’s wife, I find that the disputed awards are also in the nature of support; they must therefore be excepted from discharge under § 523(a)(5).

Section 523(a)(5) excepts divorce-related legal fees from discharge when they are in the nature of support rather than a property settlement.

Sculler v. Rosen (In Re Rosen) · filed 1994-07-12(a)(5)

In the instant case there exists a genuine issue of material fact as to the nature of the Defendant’s obligation to pay the legal fees awarded by the state court which cannot be resolved by way of summary judgment.

Section 523(a)(5) excepts an attorney’s-fee award from discharge when it was intended to support a former spouse, even if the debt is payable to the spouse’s lawyer.

Holliday v. Kline (In Re Kline) · filed 1994-07-13(a)(5)

Moreover, debts payable to a third party may be nondischargeable support obligations if they were intended to serve as such. ... However, based upon the language of the Decree, I find the obligation for attorney’s fees nondisehargeable.

Section 523(a)(5) does not except fixed, nonmodifiable property-settlement payments from discharge when they are not alimony, maintenance, or support.

Tapper v. Tapper · filed 1994-06-17(a)(5)

These facts, coupled with the plain language of the divorce judgment designating the husband’s payments as being “in the nature of a property settlement,” satisfy this court that the payments were not “in the nature of alimony, maintenance, or support,” within the meaning of 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts divorce obligations from discharge when they are actually in the nature of support; a state court’s alimony label does not make a property division nondischargeable.

Chism v. Chism (In Re Chism) · filed 1994-06-22(a)(5)

This Court finds that the state court intended to create an obligation of support in the Final Decree with respect to certain items, and as to others, the labels mask a division of property.

Section 523(a)(5)(B) makes a divorce obligation nondischargeable when it is actually in the nature of alimony, maintenance, or support; a state court's label does not control.

Matter of Dennis · filed 1994-07-12(a)(5)(B)

Contrary to the plethora of cases which hold that bankruptcy courts must review for themselves the true nature of an obligation under section 523(a)(5)(B), LeBaron asks this Court to rule that the consent judgment signed by the Texas county court at law collaterally estopped the bankruptcy court here from finding that the tax payments in issue were, in truth, alimony, maintenance, or support. This we cannot do.

Section 523(a)(5) protects genuine spousal support obligations from discharge, but a debt labeled as support is dischargeable if it actually allocates marital property or debts.

Mosley v. Mosley · filed 1994-11-08(a)(5)

However, a debt merely “designated as alimony, maintenance or support” but which is not “actually in the nature of alimony, maintenance, or support” is dischargeable.

Section 523(a)(5) excepts mortgage payments for a former spouse from discharge when the payments are alimony or support.

Slider v. Slider (In re Slider) · filed 1994-12-27(a)(5)

We conclude that the obligation of the ex-husband (the Debtor here) to make monthly payments on the debt secured by a second mortgage on the residence of the ex-spouse is alimony or support and is therefore not dischargeable.

Section 523(a)(5) excepts a parent’s obligation to reimburse a county for a minor child’s care from discharge when the obligation is for the child’s support.

In Re Carlson · filed 1995-01-11(a)(5)

Therefore,, the Debtors’ statutory obligation to contribute to the care of their minor child, under a remedial order issued by the county juvenile court pursuant to Minn. Stat. Chapter 260, is an obligation for support that is nondischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts a divorce decree obligation from discharge when the obligation is in the nature of support, even if the decree does not label it as support.

Owens v. Owens · filed 1995-01-24(a)(5)

We find that the provision in the divorce decree that Appellant’s obligation to pay the two debts terminates only upon Ap-pellee’s remarriage indicates that the obligation created is in the nature of support, despite the fact that the decree does not specifically designate it as such. Thus, the obligation was not dischargeable and the trial court’s judgment for Appellee was not clearly against the weight of the evidence.

Section 523(a)(5) excepts debts actually in the nature of alimony, maintenance, or support from discharge, regardless of their state-law treatment or label.

Durgin v. Durgin (In re Durgin) · filed 1995-01-31(a)(5)

The Bankruptcy Code provides that debts which are actually in the nature of alimony, maintenance, or support are not dischargeable in bankruptcy. 11 U.S.C. § 523(a)(5). By requiring an obligation to be “actually in the nature of alimony, maintenance, or support,” Congress sought to ensure that the policy underlying § 523(a)(5) is not undermined either by the treatment of the obligation under state law or by the label which the parties attach to the obligation.

Section 523(a)(5) excepts a divorce obligation from discharge when its purpose is alimony, maintenance, or support.

Appling v. Rees (In Re Appling) · filed 1995-03-01(a)(5)

FURTHER ORDERED that summary judgment is granted in favor of Defendant and against Debtor on his complaint, and Debtor’s liability to Defendant based on the award of alimony set forth in the Final Judgment and Decree of the Superior Court of Gwinnett County, Georgia is determined to be nondischargeable pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) does not except an attorney fee award from discharge when it is payable directly to the former spouse’s attorney rather than to the spouse, former spouse, or child.

Hartley v. Townsend (In Re Townsend) · filed 1995-02-03(a)(5)

Because the attorney fee award was made directly to the Plaintiff, and not to the “spouse, former spouse, or child,” the debt does not fall within the non-dischargeability provisions of § 523(a)(5).

Section 523(a)(5) excepts divorce obligations that are actually in the nature of support from discharge, while property settlement payments may be discharged.

Hogie v. Hogie · filed 1995-02-15(a)(5)

In view of these circumstances, we cannot say the trial court was clearly erroneous in finding that Renata proved by a preponderance of the evidence that the debts Bradley assumed under the hold harmless agreement were in the nature of support. ... Accordingly, we affirm the order holding Bradley responsible for the debts he assumed in the hold harmless agreement, but reverse and remand that portion of the order which requires him to continue making the periodic payments to Renata because that obligation has been discharged in bankruptcy.

Section 523(a)(5) can except attorney fees payable directly to a former spouse’s attorney from discharge when the circumstances show the award was intended as support.

Catalona v. Holdenried (In Re Holdenried) · filed 1995-03-02(a)(5)

The totality of the circumstances approach to § 523(a)(5) would recognize the obligation as one for support, but application of the plain language test would yield too rigid a result to accomplish the intent of the statute. ... Upon consideration of all the evidence presented in this action and the factors delineated above, the Court finds that the debt to the Plaintiff is non-dischargeable in the Debtor’s Chapter 7 bankruptcy proceeding.

Section 523(a)(5) excepts a debt to a former spouse from discharge only if the obligation is actually in the nature of support.

Hainline v. Neal (In Re Neal) · filed 1995-03-06(a)(5)

Accordingly, the award of equitable restitution is not in the nature of support.

Section 523(a)(5) excepts divorce obligations in the nature of alimony, maintenance, or support from discharge; a spouse's judicial admission that a hold harmless obligation is dischargeable binds her.

Yankowski v. Yankowski, No. 29 71 64 (Mar. 10, 1995) · filed 1995-03-10(a)(5)

As in the case of Lesser v. Lesser , supra, the plaintiff in this case is bound by her judicial admission that the defendant's obligation as set forth in the hold harmless provision of paragraph G is dischargeable.

Section 523(a)(5) excepts a debt to a former spouse from discharge only if the obligation is actually in the nature of support.

Nofziger v. Zuccarell (In Re Zuccarell) · filed 1995-03-16(a)(5)

In the case at bar, it is obvious that the payments to be made to the Plaintiff by the Debtor were not intended as support for the Plaintiff.

Section 523(a)(5) requires a support debt to be owed to a spouse, former spouse, or child; an attorney fee award payable directly to the attorney is dischargeable.

Ricci v. Simmons (In Re Simmons) · filed 1995-03-28(a)(5)

The clear language of the statute requires that the debt be to a spouse, former spouse or child of a debtor.

Section 523(a)(5) excepts a divorce decree obligation to pay a home credit line from discharge when the payments were intended to provide support to a former spouse.

Leslie v. Leslie (In Re Leslie) · filed 1995-04-26(a)(5)

The Court finds that the Debtor’s obligation to pay the Credit Line contained in the Decree represents a nondischargeable support obligation to Charlotte.

Section 523(a)(5) excepts a divorce-related debt from discharge when the obligation is actually support rather than a division of property.

Young v. Young (In Re Young) · filed 1995-05-12(a)(5)

As a result, the debt arising from the Decree of Divorce is not support and therefore is dis-chargeable.

Section 523(a)(5) treats divorce-related attorney’s fees and costs as support debts when they are actually in the nature of maintenance or support, even if monthly spousal support was denied.

In Re Grady · filed 1995-04-20(a)(5)

Therefore, this Court ... finds that the debts for attorney’s fees and costs are actually in the nature of maintenance or support under the statutory language of both 11 U.S.C. § 523(a)(5) and § 507(a)(7)(B), and are therefore priority claims.

Section 523(a)(5)(B) excepts an obligation to a former spouse from discharge when it is actually in the nature of alimony, maintenance, or support.

In Re Thomas Chalkley, M.D. Debtor. Thomas Chalkley, M.D. v. Carroll · filed 1995-04-25(a)(5)(B)

Because factors one through four of Shaver all indicate that Chalkley's obligation is for maintenance and support, we conclude that the bankruptcy court did not clearly err in ruling that Chalkley's debt is nondischargeable in bankruptcy.

Section 523(a)(5) excepts post-majority educational support from discharge when the parties intended it as child support, even if state law treats the obligation as contractual.

Binder v. Prager (In Re Prager) · filed 1995-05-09(a)(5)(B)

Consistent with the holding in Fitzgerald, irrespective of whether state law characterizes the obligation as purely contractual, it is nonetheless an obligation in the nature of child support which satisfies the statutory requirements under federal bankruptcy law for being excepted from the debtor’s general discharge in accordance with 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts debts in the nature of support from discharge, but payments intended to divide marital property are dischargeable.

Jarrett v. Wright (In Re Jarrett) · filed 1995-05-16(a)(5)

Under the Bankruptcy Code, debts in the nature of support are not dischargeable in bankruptcy. 11 U.S.C. § 523(a)(5). ... The Court finds that these factors support the conclusion that the debt incurred in the marital settlement agreement, the decree, and the promissory note were intended by both parties to the agreement to be a division of the parties’ property and, thus, were not in the nature of Wright’s support.

Section 523(a)(5) excepts obligations that are actually support from discharge, but does not cover property settlements.

Sateren v. Sateren (In Re Sateren) · filed 1995-05-18(a)(5)

Obligations which can fairly be characterized as merely property settlements do not fall within the ambit of Code § 523(a)(5).

Section 523(a)(5) does not except a support debt from discharge unless it is owed directly to the debtor’s spouse, former spouse, or child, or assigned to a government entity.

In Re Spencer · filed 1995-05-16(a)(5)

Unless the debt for support is owed directly to a debtor’s spouse, former spouse or child in connection with a separation agreement, divorce decree, or court order or assigned to a government entity, it is dischargeable.

Section 523(a)(5) makes education expenses nondischargeable when the parties intended them as child support.

Kaylo v. Kaylo (In Re Allan M.) · filed 1995-05-18(a)(5)

The evidence is virtually uncontroverted and, in fact, is overwhelming, that at the time they entered into the settlement agreement, the parties intended the tuition, books and uniform payments as support for the children. Inasmuch as the debts are in the nature of child support, they are nondischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts guardian ad litem and psychologist fees incurred in child custody proceedings from discharge when the fees are in the nature of child support, even if payable directly to those professionals.

In Re Sharon N. Miller, Debtor. Sharon N. Miller v. Gerald Gentry, ph.d. And Micheline Z. Burger · filed 1995-05-19(a)(5)

We conclude that, even though it does not address the precise issue with which we are presented here, this court’s opinion in Jones controls the case before us and compels the conclusion that the debts Sharon Miller was ordered to pay to defendants are not dischargeable in bankruptcy under § 523(a)(5). In reaching that conclusion, we adhere to the interpretation of § 523(a)(5) by this court in Jones, where the emphasis was placed on the determination of whether a debt is in the nature of support, rather than on the identity of the payee.

Section 523(a)(5) excepts a divorce-decree obligation to pay a child's college expenses from discharge when the obligation is in the nature of child support.

Hill v. Hill, No. Fa 770166874 (May 26, 1995) · filed 1995-05-26(a)(5)

11 U.S.C. § 523 (a)(5) denies discharge of a debt arising from an obligation for support of the debtor's child pursuant to a divorce decree. ... Accordingly, the court finds that the provision for payment of the child's college expenses is in the nature of child support.

Section 523(a)(5) excepts a divorce obligation from discharge when it was intended to support a former spouse.

Nowak v. Nowak (In Re Nowak) · filed 1995-05-30(a)(5)

Therefore, I conclude that the $60,000.00 award was intended to serve the function of providing support for Dian Nowak. This obligation is excepted from discharge under § 523(a)(5).

Section 523(a)(5) makes alimony debts nondischargeable; a debtor who could have raised dischargeability in a postpetition state court proceeding may be barred from relitigating it.

Read v. Read (In re Read) · filed 1995-06-21(a)(5)

Under the circumstances, the court finds that application of the doctrine of res judica-ta is appropriate to bar the debtor from litigating whether the lump sum alimony is dischargeable. The Florida court found the debtor was liable for alimony, and this court will not disturb that finding.

Section 523(a)(5) makes a debtor’s assumption of joint marital debts nondischargeable when the obligation is in the nature of support for a former spouse or children.

Chapman v. Chapman (In Re Chapman) · filed 1995-06-23(a)(5)

Under § 523(a)(5), a hold harmless obligation found in a divorce decree regarding joint marital debts, such as the one found in the ease at bar, can be found to be non-dischargeable spousal support. ... From these facts, this Court can only conclude that Defendant’s assumption of the joint debts of the marriage was for the maintenance and support of Plaintiff and the children.

Section 523(a)(5) excepts from discharge attorney’s fees awarded for the benefit and support of a child in a paternity proceeding.

Raggio & Raggio, Inc. v. Hudson (In Re Hudson) · filed 1995-05-30(a)(5)

Thus, pursuant to the Dvorak standard, the Court grants the Plaintiffs motion for summary judgment, denies the Defendant’s motion for summary judgment, and finds that the attorney’s fees awarded to the Plaintiff constitute support for purposes of 11 U.S.C. § 523(a)(5) and are therefore excepted from discharge.

Section 523(a)(5) treats court-ordered guardian ad litem fees incurred for a debtor’s child in a custody dispute as nondischargeable support.

Spear v. Constantine (In Re Constantine) · filed 1995-06-16(a)(5)

Having rejected all of the authorities cited by the Debtors, the Court finds that the plaintiffs fees were incurred for the support of the Debtors’s child and pursuant to a court order. All elements of 11 U.S.C. § 523(a)(5) have been met.

Section 523(a)(5) excepts a divorce obligation from discharge only if it is actually alimony, maintenance, or support, as determined under bankruptcy law.

Vaudreuil v. Busconi · filed 1995-06-08(a)(5)

A debt will be excepted from discharge only if it actually is “in the nature of alimony, maintenance or support,” and not simply if it is labeled as such. Whether a debt constitutes alimony or a property distribution is determined under bankruptcy law, and not under state law.

Section 523(a)(5) excepts a hold harmless obligation from discharge when it is in the nature of support for a former spouse.

Catron v. Morrison (In Re Catron) · filed 1995-06-27(a)(5)

Based on the unequivocal language of the settlement agreement, the financial situation of the parties, the function served by the obligation, and no evidence of excessive coercion, the court determines that the hold harmless clause is in the nature of support which is excepted from discharge pursuant to § 523.

Section 523(a)(5)(B) makes an obligation to indemnify a former spouse nondischargeable when it is actually in the nature of alimony, maintenance, or support.

Peabody v. Peabody, No. 504914 (Jul. 10, 1995) · filed 1995-07-10(a)(5)(B)

I now turn to the defendant's claim that his obligation to indemnify the plaintiff was not in the nature of alimony or support as that term is used in 11 U.S.C. § 523 (a)(5)(B). ... After consideration of these criteria, I conclude that the defendant's obligation to indemnify the plaintiff was needed by her to maintain her standard of living and her home, and this was "actually in the nature of alimony, maintenance or support", within the meaning of § 523(c)(5).

Section 523(a)(5) excepts a support obligation to indemnify a former spouse from discharge, but does not except the separate debts owed directly to third parties.

Ianke v. Ianke (In Re Ianke) · filed 1995-07-12(a)(5)

Therefore, considering all the facts and circumstances, the Court finds that the Debt- or’s obligations to indemnify and hold harmless the former spouse as to certain credit card and attorney’s fees debts were in the nature of maintenance and support. The determination of nondischargeability extends only to the Debtor’s obligation created under the Separation Agreement to indemnify and hold harmless. Any other obligation of the Debtor to pay the credit card and attorney’s fees debts to entities other than his former spouse is not nondischargeable.

Section 523(a)(5)(B) requires a bankruptcy court to look to the divorce judge’s intent in an unambiguous contested divorce decree when deciding whether a debt is maintenance or property division.

Good v. Good (In re Good) · filed 1995-07-13(a)(5)(B)

When this is the case, a bankruptcy judge deciding the character of divorce debts must focus on the state judge’s intent as expressed in the decree. Unless the language in the decree is ambiguous on its face, the state court’s intent in awarding maintenance and in dividing debt obligations of divorcing parties should be determined within the four corners of the decree.

Section 523(a)(15) requires a marital relationship involving separation and does not cover debts between former business associates.

Stewart v. Hutchins (In Re Hutchins) · filed 1995-08-02(a)(15)

The intent of Congress in creating the dischargeability exception in section 523(a)(15) is clear, and that is that some type of “marriage” relationship where there has been a separation is required in order for the section to apply.

Section 523(a)(5) excepts divorce-related attorney's fees and costs from discharge when they are in the nature of support.

In re Foiles · filed 1995-08-07(a)(5)

Given the evidence before it, the bankruptcy court's factual finding that the attorney's fees and costs constituted support, and thus were nondischargeable in bankruptcy, may not be overturned.

Section 523(a)(5) excepts child support arrearages and related attorney’s fees from discharge when they are in the nature of support.

Silverstein v. Glazer (In Re Silverstein) · filed 1995-08-18(a)(5)

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the $68,-243.17 judgment for the child support arrear-age awarded to Defendant on May 26, 1988, as well as the $10,278.00 award to Defendant, Melanie Morris Glazer, for attorney’s fees, are actually in the nature of support, and are therefore non-dischargeable obligations pursuant to 11 U.S.C. § 523(a)(5).

Past-due child support remains nondischargeable after the children reach adulthood.

Ehlers v. Howell (In Re Ehlers) · filed 1995-08-21(a)(5)

This Court agrees with those who have considered this issue and found that past-due child support obligations remain obligations even after the reason for the creation of the obligations ceases to exist; consequently, such obligations found to be actual child support obligations, as in this case, are nondis-chargeable in bankruptcy.

Section 523(a)(5) can make a divorce decree’s hold harmless obligation for joint debts nondischargeable when the obligation provides support.

Sanders v. Lanfare (In Re Sanders) · filed 1995-09-13(a)(5)

Under § 523(a)(5), a hold harmless obligation found in a divorce decree regarding joint marital debts, such as the one found in the case at bar, can be found to be non-dischargeable spousal support. ... In the case at bar, the Court finds that the hold harmless provision of the Judgment of Divorce was intended to provide non-dis-ehargeable support for the parties’ children.

Section 523(a)(5) excepts an obligation from discharge only if it is actually in the nature of alimony, maintenance, or support.

Albert v. Albert (In Re Albert) · filed 1995-09-29(a)(5)

The Bankruptcy Code provides that debts which are actually in the nature of alimony, maintenance, or support are not dischargeable in bankruptcy. 11 U.S.C. § 523(a)(5). ... The Court finds that Plaintiff has failed to meet her burden , of proving that the military retirement pay is in the nature of support.

Section 523(a)(5) excepts a minor child’s medical expenses from discharge when the obligation is in the nature of child support, even if the other parent paid the bills first.

Hubbard v. Woodall (In Re Woodall) · filed 1995-09-01(a)(5)

In consideration of all of the foregoing it is therefore the opinion of this Court that the defendant’s debt to the plaintiff for $4,032.64 in medical expenses for the parties’ minor child is nondischargeable in bankruptcy, and ... that the plaintiff should prevail upon her Complaint.

Section 523(a)(5) excepts a divorce obligation from discharge when its intended function is alimony, maintenance, or support rather than property division.

Rul-Lan v. Rul-Lan (In Re Rul-Lan) · filed 1995-09-07(a)(5)

Section 523(a)(5) excepts from discharge certain obligations found to be in the nature of alimony, maintenance, or support. ... The function the award was intended to serve is determinative. ... The obligation is therefore dischargeable.