11 U.S.C. § 523

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

Ackley v. Ackley · filed 1995-09-18(a)(5)

Section 523(a)(5) of the Bankruptcy Code provides that a liability designated as alimony, maintenance or support may not be discharged if such liability is “actually in the nature of alimony, maintenance or support.” ... The court finds that the jury award of lump sum alimony constitutes a dischargeable property settlement.

Section 523(a)(5) does not except a divorce property settlement from discharge without proof that it is support, but it does except attorneys’ fees and costs integrally linked to child support.

Roberson v. Roberson (In Re Roberson) · filed 1995-09-19(a)(5)

Mrs. Roberson, as the objecting spouse, failed to prove otherwise by a preponderance, making it impossible for this Court to fit her $25,000 claim into the discharge exception represented by § 523(a)(5). Thus, Mrs. Roberson’s $25,000 claim stemming from the Real Property transfer is a debt that was discharged in Mr. Roberson’s Chapter 7 bankruptcy proceeding. ... Thus, the attorneys’ fees and court costs awarded in the Final Decree are nondischargeable under § 523(a)(5).

Section 523(a)(5) excepts from discharge attorney’s fees for postdissolution child custody litigation that includes child support issues.

John Hugh Shannon, P.A. v. Strickland · filed 1995-09-12(a)(5)

This Court holds that attorney’s fees relating to postdissolution child custody litigation which includes child support issues constitute support under 11 U.S.C. § 523(a)(5) and therefore are non-dischargeable in bankruptcy.

Section 523(a)(5) excepts attorney fees in the nature of maintenance or support from discharge even when they are payable directly to the attorney.

In Re Keith Alan Kline, Debtor. Ronald R. Holliday v. Kline · filed 1995-09-12(a)(5)

We further hold that Kline's obligation to pay the attorney fees is nondischargeable under Sec. 523(a)(5), notwithstanding that it is payable directly to Holliday.

Section 523(a)(5) excepts an obligation from discharge when it is actually in the nature of alimony, maintenance, or support; the award’s intended function controls over its label.

Appling v. Rees · filed 1995-09-18(a)(5)

The jury provided that the payments would continue in the event of remarriage or death of appellee. Thus, it is clear that the jury intended the award to serve as a property settlement; therefore, appellant’s obligation is discharge-able.

Section 523(a)(5) excepts a divorce decree’s credit card repayment obligation from discharge when it is intended to provide and actually provides necessary support.

Williams v. Williams (In Re Williams) · filed 1995-11-20(a)(5)

The Court finds that the Debtor’s obligation to repay the Credit Card Debts represents a nondischargeable support obligation.

Section 523(a)(5) treats court-ordered guardian ad litem and psychologist fees incurred for children in custody proceedings as nondischargeable support debts unless the state court clearly rules otherwise.

Walker v. Laing (In Re Laing) · filed 1995-10-05(a)(5)

This court holds that in proceedings involving custody of children, the court ordered fees for services of a guardian ad litem and for psychologists retained for psychological testing, evaluation, and treatment are debts of the parents to their children for purposes of discharge under 11 U.S.C. § 523(a)(5) unless there is a clear finding of fact and ruling of law in the state court proceedings to the contrary.

Section 523(a)(15) does not apply when a divorce agreement or decree assigns an existing debt without creating a new obligation.

Stegall v. Stegall (In Re Stegall) · filed 1995-10-16(a)(15)

Section 523(a)(15) is not applicable, however, in this case because neither the property settlement agreement nor the decree created a debt not otherwise in existence.

Section 523(a)(5) does not except a property division obligation from discharge merely because the parties labeled it nondischargeable.

McCarthy v. Brian McCarthy, No. Fa 93-0343580 (Nov. 9, 1995) · filed 1995-11-08(a)(5)

The court finds that, in this instance, the indemnification clause is part of a division of property, and not in the nature of alimony, maintenance or support. ... The plaintiff's request for a determination of non-dischargeability is resolved against her.

Section 523(a)(5) excepts support debts from discharge, and treating payments as a property division on tax returns does not bar a spouse from proving they were support.

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

Quasi estoppel based upon income tax returns does not apply to section 523(a)(5) actions where alimony payments have been treated as a property division on the tax returns.

Section 523(a)(5) makes an indemnity obligation nondischargeable when it is in the nature of support.

In Re Robert J. Futoran, Debtor. Robert J. Futoran, M.D. v. Futoran · filed 1995-12-20(a)(5)

The Bankruptcy Court could properly determine, based on the evidence presented, that the indemnity obligation was 'in the nature of support' and nondischargeable.

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

Lawhorn v. Snipes (In Re Snipes) · filed 1995-12-04(a)(5)

The defendant is entitled to a discharge of debts arising from a divorce decree which are not in the nature of alimony or support. The Court finds that defendant’s obligation to make automobile payments was not in the nature of alimony or support and is dischargeable.

Section 523(a)(5) does not except a car loan obligation from discharge when a spouse assumes the loan as part of receiving the car in a property settlement, rather than to provide support.

Bell v. Bell (In Re Bell) · filed 1995-12-08(a)(5)

As such, the Court finds that the GMAC obligation, although assumed by the Debtor as part of her divorce, fails to come within the proviso of 11 U.S.C. § 523(a)(5).

Section 523(a)(15) does not apply to bankruptcy cases filed before its October 22, 1994 effective date.

Whaley v. Whaley (In Re Whaley) · filed 1995-12-15(a)(15)

The court observes that 11 U.S.C. § 523(a)(15), which was recently enacted as a part of the 1994 Bankruptcy Reform Act, does not apply to this bankruptcy ease which was filed long before the effective date of the section, i.e., October 22, 1994.

Section 523(a)(5) excepts attorney fees from discharge when their intent and substance show that they are support.

Filbeck v. Clegg (In Re Clegg) · filed 1995-12-18(a)(5)

The Court concludes that there is no genuine issue of fact, the same having been determined in previous litigation; and that such undisputed facts establish that these attorney fees are “support” — because so intended by the State court, because of their function and substance as determined by the State court, because they were incurred in litigation which itself was in the nature of “support,” and because there is insufficient indication of special circumstances to the contrary — and are therefore excepted from discharge under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) does not prevent discharge of a fixed marital-property award that is not maintenance or support, even when installments come due after the bankruptcy petition.

Ellis v. Ellis · filed 1995-12-18(a)(5)

... and thus is a pre- petition debt that, not being in the nature of maintenance and support for his former wife, see 11 U.S.C. § 523(a)(5) (1994), is dischargeable in bankruptcy, see id. § 727 (1994) (pre-petition debts shall be discharged); id. § 101(5), (12) (defining debt and claim under the Bankruptcy Code).

Section 523(a)(15) applies only to debts owed to a spouse or former spouse, not debts owed to third parties.

Barstow v. Finaly (In Re Finaly) · filed 1995-12-19(a)(15)

Based on the legislative history, it is clear that § 523(a) (15) applies only to debts owed to a spouse or former spouse. Because the debt in question is owed to the parents of the spouse, the plaintiff cannot argue for nondischargeability under § 523(a)(15).

Section 523(a)(5) excepts support obligations from discharge, but a divorce debt intended as a property settlement is dischargeable.

Laminack v. Laminack · filed 1996-02-23(a)(5)

From the written agreement, we conclude that the husband's promise to pay the debt secured by the second mortgage on the house was intended as part of a property settlement. Accordingly, we conclude that the debt is dischargeable in bankruptcy.

Section 523(a)(5) makes an obligation to fund a child's education under a divorce decree nondischargeable when it is in the nature of maintenance or support.

Bizeau v. Bizeau, No. Fa 90-0442584s (Jan. 24, 1996) · filed 1996-01-24(a)(5)

However, the bankruptcy did not discharge the debt, the debt being non-dischargeable for maintenance and support of the minor child as an educational fund.

Section 523(a)(16) does not apply to bankruptcy cases commenced before its enactment in 1994.

In Re Whitten · filed 1996-01-30(a)(16)

However, since the instant ease was commenced prior to the enactment of section 523(a)(16), this exception does not apply.

Section 523(a)(15) does not apply to bankruptcy cases filed before its effective date.

Gendreau v. Gendreau (In Re Gendreau) · filed 1996-01-31(a)(15)

Also, Section 523(a)(15), established by the Bankruptcy Reform Act of 1994, does not apply because this case was filed before the effective date of the Act.

Section 523(a)(15) does not make an assigned marital debt nondischargeable when the agreement creates no new obligation from the debtor to the former spouse.

Belcher v. Owens (In Re Owens) · filed 1996-02-02(a)(15)

The absence of the hold harmless language or any other language in this paragraph which could be construed to create a new debt from respondent/defendant to petitioner/plaintiff, leads to the conclusion that this is not a debt “incurred by the debtor in the course of the ... separation agreement”.

Section 523(a)(5) excepts an obligation to a former spouse from discharge when its true nature is alimony, maintenance, or support, regardless of its label in a divorce order.

Egleston v. Egleston · filed 1996-02-08(a)(5)

We hold that five of the six monthly payments required by Paragraph Eight in the amount of $4,000 each were in lieu of the alimony required by Paragraph Nine, and thus in their nature alimony excepted from discharge under § 523(a)(5).

Section 523(a)(5) excepts alimony and support debts from discharge even when the payments are temporary or arise from a contractual agreement.

In Re Cecil Carl Varney, Debtor. Cecil Carl Varney v. Angela Lea Varney · filed 1996-03-28(a)(5)

The temporary nature of the payments and the reference in the divorce decree to a contractual agreement do not negate the parties' intent that the payments be alimony and support payments.

Section 523(a)(5) treats court ordered fees for a child’s attorney and neutral custody experts as nondischargeable support when they protect the child’s interests.

Beaupied v. Doe (In Re Doe) · filed 1996-03-05(a)(5)

For the above reasons, the entire amount of Beaupied’s attorney’s fees would be nondis-chargeable under § 523(a)(5) via § 1328(a)(2) and thus is entitled to priority under § 507(a)(7). ... A finding of nondiseharge-ability of the neutral experts’ fees is required under § 523(a)(5).

When a divorce-related debt may be support, the debtor bears the burden of bringing an adversary proceeding under § 523(a)(5) to determine whether it is dischargeable.

In Re Minnick · filed 1996-03-06(a)(5)

The court in this case concludes that the issues between these parties is governed by § 523(a)(5). The burden is upon the debtor to bring an Adversary Proceeding under § 523(a)(5) to determine whether the debt is dischargeable under § 523(a)(5) and whether subsection (a)(15) is applicable.

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

Degray v. Degray, No. Fa 88 0352986 S (Mar. 25, 1996) · filed 1996-03-25(a)(5)

The debt and obligation are dischargeable unless they are in the nature of alimony, maintenance or support. ... The Judgment assigned to each party obligations listed on their respective financial affidavits; more in accordance with a property distribution, than support obligation. The obligation of the Defendant to pay the Citibank Visa and to hold his wife harmless were discharged.

Section 523(a)(5) makes an obligation to a former spouse nondischargeable when its substance and the parties’ intent show that it provides support or maintenance.

In Re Warren Douglas Lantz, Debtor, Warren Douglas Lantz v. Lantz · filed 1996-03-29(a)(5)

Accordingly, the bankruptcy judge did not err in finding that Mr. Lantz's obligation to Mrs. Lantz was in the nature of alimony, maintenance, or support and, therefore, nondischargeable.

Section 523(a)(5)(B) makes an obligation nondischargeable when its actual purpose is alimony, maintenance, or support.

Fraser v. Fraser · filed 1996-04-08(a)(5)(B)

This Court agrees with the holding of the Bankruptcy Court that the Indemnity Obligation is actually in the nature of alimony, maintenance or support under the provisions of 11 U.S.C. § 523.

Section 523(a)(5) excepts guardian ad litem fees for investigating possible parental abuse from discharge when the services benefit and support the child.

Pleban v. O'Toole (In Re O'Toole) · filed 1996-03-29(a)(5)

In the matter being considered here, the Court finds that the services of the GAL in investigating allegations of possible parental abuse are, in fact, services provided to the child for the child’s benefit and support, and are therefore not dischargeable under Section 523(a)(5).

Section 523(a)(5) treats medical expenses awarded in a paternity judgment as nondischargeable support.

Hardin County Department of Human Services v. Lamb (In Re Lamb) · filed 1996-05-08(a)(5)

In support of their Motion for Summary Judgment, the Plaintiffs have claimed that the medical expenses arising from a paternity action are not dischargeable under § 523(a)(5). This Court agrees with this assessment and has previously determined that such medical expenses are non-dischargeable.

Section 523(a)(5) treats court-ordered attorneys’ fees incurred in a child custody proceeding as nondischargeable child support, even when payable directly to counsel.

James C. Booth, Inc. v. Ratcliff (In Re Ratcliff) · filed 1996-05-14(a)(5)

Thus, the attorneys’ fees incurred for this custody hearing were in the nature of child support and are nondischargeable pursuant to Section 523(a)(5).

Section 523(a)(5) excepts payments to a former spouse from discharge when they are in the nature of alimony.

Hobbs v. Hobbs (In Re Hobbs) · filed 1996-05-29(a)(5)

The Court finds that the Debtor’s obligation to make the Annual Payments to the defendant under the Agreement should be excepted from discharge under § 523(a)(5).

Section 523(a)(5) does not prevent discharge of divorce-related payments that are not in substance support.

Alper-Cohn v. Sargis (In Re Sargis) · filed 1996-06-28(a)(5)

In sum, the monthly “alimony” payments and car payments are not support and therefore are discharged.

Section 523(a)(5) makes spousal support obligations nondischargeable; whether payments are modifiable under state law does not determine whether they are support.

Friedkin v. Sternberg · filed 1996-06-05(a)(5)

Whether the monthly payments are modifiable under state law is not a dis-positive factor in determining whether the parties intended to create a spousal support obligation for purposes of 11 U.S.C. § 523(a)(5).

Section 523(a)(5) does not except a debtor’s contractual obligation to her own divorce counsel from discharge merely because the services benefited her child.

Gulielmetti & Gesmer, P.C. v. Klein (In Re Klein) · filed 1996-06-27(a)(5)

However, here the attorney’s fees owed is based upon a contractual obligation of the Debtor to her own attorneys, rather than an obligation of the Debtor to her former husband or his attorneys. The Debtor is not attempting to discharge a debt owed to her husband or an award of attorney’s fees resulting from a child support obligation owed to her husband or child. To accept Plaintiffs argument would have the effect of finding that any and all expenses which accrue to the benefit of a child, such as food, clothing and medical expenses, would be nondischargeable under section 523(a)(5).

Section 523(a)(5)(A) makes child support debt assigned to a government agency nondischargeable.

Bullock v. Missouri (In Re Bullock) · filed 1996-07-29(a)(5)(A)

Under section 523(a)(5)(A), a debt assigned to a government unit cannot be discharged.

Section 523(a)(5) makes divorce-related attorney fees nondischargeable as support even when counsel agrees to accept only court-ordered fees.

Marcus, Ollman & Kommer v. Pierce · filed 1996-07-24(a)(5)

Kommer’s affidavit does not indicate that the firm would represent Theresa Pierce at no cost under any circumstances. Rather Kommer, recognizing both that Theresa Pierce did not then have adequate resources to pay a retainer fee and other costs and that the court would likely order Pierce to pay his wife’s attorneys’ fees, agreed to limit its payments to court ordered fees. Accordingly, we see no reason in this case to depart from the general rule that attorneys fees incurred in a divorce proceeding are non-dischargeable.

Section 523(a)(5) excepts an award of attorneys’ fees in a divorce decree from discharge as support when the decree also awards child support or alimony.

Lanting v. Lanting (In Re Lanting) · filed 1996-08-02(a)(5)

The Court adopts the majority view and finds that an award of attorneys’ fees in a final decree of divorce is nondischargeable as alimony, maintenance, or support under 11 U.S.C. § 523(a)(5) where the decree contains an award of child support, alimony, or a combination thereof.

Section 523(a)(5) makes a custody litigation fee award nondischargeable as support when the award is based on the recipient’s financial needs, including the parties’ relative resources and the cost of litigation.

In Re Thomas A. Gionis, M.D., Debtor. Thomas A. Gionis, M.D. v. Wayne · filed 1996-07-31(a)(5)

The bankruptcy court correctly interpreted the state trial court's decision and appropriately applied federal law to that decision. ... Specifically, our review of the record leaves us with the firm conclusion that the state trial court made the $185,000 award in light of Wayne's needs, taking into account her assets and earning abilities relative to those of Gionis, and the cost of the custody litigation.

Section 523(a)(5) treats an attorney fees award from a post-dissolution custody action as nondischargeable support for a former spouse when the award is based on ability to pay.

Strickland v. Shannon · filed 1996-08-01(a)(5)

In light of the foregoing, we hold that an attorney fees award arising from a post-dissolution custody action constitutes "support" for the former spouse under 11 U.S.C. § 523(a)(5) where, as here, the award is based on ability to pay.

Section 523(a)(5) makes a divorce-related mortgage obligation nondischargeable when it functions as support for the family’s primary shelter, along with attorney’s fees incurred to enforce that support.

Kubera v. Kubera · filed 1996-08-06(a)(5)

Therefore, this court’s agreement with the bankruptcy court that the mortgage payment was nondischargeable maintenance necessarily means that the attorney’s fees paid to litigate the issue are also nondis-chargeable.

Section 523(a)(5) excepts a former spouse’s medical expense reimbursement from discharge when the obligation functions as support.

Matter of Olson · filed 1996-08-22(a)(5)

From the facts of this ease, the medical expenses that the debtor is required to pay pursuant to the divorce decree are in the nature of support, and the debt is therefore nondischargeable.

Section 523(a)(5) does not except a divorce obligation from discharge when the state court or the parties did not intend it as support.

In Re Robert C. McCafferty Debtor. Robert C. McCafferty v. McCafferty · filed 1996-09-18(a)(5)

Where the state court or the parties to the divorce did not intend to create an obligation in the nature of support, that obligation cannot qualify for a section 523(a)(5) exemption.

Section 523(a)(5) excepts a divorce debt from discharge when the parties intended the obligation as support and it functioned as support.

Russom v. Sherrell · filed 1996-09-19(a)(5)

Analysis of a debt for purposes of § 523(a)(5) entails “a dual inquiry into both the parties’s intent and the substance of the obligation.”

Under the version of § 523(a)(5) applicable to this bankruptcy, a former spouse’s hold-harmless obligation for a community debt is dischargeable when it was intended to distribute property rather than provide support.

Edwards v. Edwards · filed 1996-10-04(a)(5)

In sum, it appears that John’s agreement to hold Donna harmless on the LaBarge debt was not "in the nature of alimony, maintenance or support.” The apparent purpose of John’s agreement was to distribute a community debt associated with community property awarded to John. Accordingly, we affirm the trial court’s decision that the obligation to hold Donna harmless from the LaBarge debt was discharged by the bankruptcy court’s order.

Section 523(a)(5) excepts from discharge attorneys' fees incurred to collect nondischargeable alimony, support, or maintenance.

MacY v. MacY · filed 1996-09-13(a)(5)

Accordingly, this Court rules that the plaintiff's attorneys' fees are "of the kind described in [Section 523(a)](5)." Since the attorneys' fees are classified as nondischargeable under Section 523(a)(5), Section 523(a)(15) by its very terms is inapplicable.

Section 523(a)(5) excepts paternity testing, childbirth expenses, and associated court costs from discharge when they are in the nature of child support.

Madsen v. Kimbrell (In Re Kimbrell) · filed 1996-09-18(a)(5)

For the reasons stated in those cases, this Court also determines the paternity testing, birthing expenses, and court costs associated with the award of such expenses are in the nature of support.

Section 523(a)(5) excludes an assumed marital debt from discharge when it was intended to provide support, provides necessary support, and is not unreasonable in amount.

Herrera v. Herrera · filed 1996-10-14(a)(5)

We find that the trial court explicitly analyzed the debts according to the Calhoun analysis and properly made its determination of non-dischargeability. The trial court’s determination in this regard is presumed correct and will be affirmed on appeal.

Section 523(a)(5) excepts fees for counsel for minor children from discharge when the fees are necessary for their support and maintenance.

Szydlo v. Szydlo, No. Fa 93-0530294s (Oct. 15, 1996) · filed 1996-10-15(a)(5)

Such fees, and compensation for such services, are necessary for the support and; maintenance of the minor children, and shall be exempt from any discharge in bankruptcy, as contemplated by 11 U.S.C. § 523 (a)(5).

Section 523(a)(5) prevents discharge of a hold harmless obligation that functions as maintenance or support rather than a property settlement.

Mina v. Mina · filed 1996-11-21(a)(5)

We hold that, as a matter of law, defendant’s promise to indemnify was in the nature of maintenance and/or support, and thus that obligation was not discharged in the bankruptcy proceeding.

Section 523(a)(5) makes periodic alimony nondischargeable, while alimony in gross and property settlements are dischargeable; the obligation’s substance controls over its label.

Anderson v. Anderson · filed 1996-11-22(a)(5)

Indebtedness in the form of periodic alimony is nondischargeable in bankruptcy, but indebtedness in the form of alimony in gross or a property settlement is dischargeable. ... Therefore, the award of the car payments was dischargeable in bankruptcy; the trial court did not err in ruling that the husband's indebtedness was discharged.

Section 523(a)(5) makes a former spouse’s support obligation nondischargeable even when a property settlement agreement labels it a property distribution.

Schultz v. Schultz (In Re Schultz) · filed 1996-12-12(a)(5)

Having reviewed the record, this Court rules that the Bankruptcy Court’s conclusion that the obligation to pay the Shrews-bury mortgage was a nondisehargeable support obligation is not clearly erroneous.

Section 523(a)(5) excepts divorce obligations from discharge when they are in the nature of alimony, maintenance, or support; a division of marital property is dischargeable.

In Re Marriage of Yates · filed 1996-12-19(a)(5)

Because the property division award was not in the nature of alimony, maintenance, or support, it is not a nondischargeable debt pursuant to 11 U.S.C. § 523(a) (5).

Section 523(a)(5) does not make an obligation nondischargeable merely because it is labeled maintenance; an award that actually divides property is dischargeable.

Sorah v. Sorah (In re Sorah) · filed 1996-12-27(a)(5)

This Court farther noted that pursuant to 523(a)(5)(B), the label placed on the liability by the parties or the court is not determinative of the issue. ... The trial court’s action was in fact a division of property, and such an award is dischargeable in bankruptcy.

Section 523(a)(5) makes guardian ad litem fees incurred for a child’s benefit and support in a custody proceeding nondischargeable.

Madden v. Staggs (In Re Staggs) · filed 1996-12-31(a)(5)

The Court determines that the services provided by Madden on behalf of the minor child were for the child’s benefit and support and that the guardian ad litem fees incurred in the post-dissolution custody proceeding are in the nature of support and, therefore, nondischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) makes a divorce obligation to pay a mortgage nondischargeable when the payment is in the nature of alimony or support.

Williams v. Williams, No. Fa 960382629 (Jan. 6, 1997) · filed 1997-01-06(a)(5)

This court finds that the payment of the second mortgage by the plaintiff and the agreement to hold the defendant harmless is an obligation that is in the nature of alimony and support and is therefore not dischargeable.

Section 523(a)(5) excepts divorce settlement debts from discharge when they are alimony owed to a former spouse and have not been assigned to another.

Clements v. Household Finance Corp. · filed 1983-01-27(a)(5)

An examination here of the settlement decree shows clearly that the payment of the debts, as well as those of her attorney were payments of alimony under Georgia law. Therefore, the trial court erred in dismissing defendant’s third party complaint with reference to the alimony which she seeks to collect, the same in no way having been assigned to another. We find no case cited by either party showing the bankruptcy court had exclusive jurisdiction with reference to this alimony indebtedness which was not discharged by the bankruptcy decree.

Section 523(a)(5) excepts child support obligations from discharge under Chapter 13.

Miller v. Miller · filed 1991-07-05(a)(5)

We agree with the district court’s rationale that since a child support obligation cannot be discharged under Chapter 13, Jay does not obtain any protection against a debt collection proceeding by reason of a bankruptcy court stay. 11 U.S.C. § 103; 11 U.S.C. § 523(a)(5); 11 U.S.C. § 1328(c)(2).

Section 523(a) excepts alimony debts from discharge in bankruptcy.

Coleman v. Coleman · filed 1983-03-22(a)

Under 11 U.S.C. Section 523(a), alimony debts are not discharged in bankruptcy and under 11 U.S.C. 362(b) the filing of a petition in bankruptcy does not stay the collection of alimony from property that is not a part of the bankruptcy estate.

Section 523(a)(5) makes a debt labeled child support nondischargeable only if it is actually in the nature of support.

Rhodes v. Rhodes (In Re Rhodes) · filed 1984-10-29(a)(5)

The statute dealt with is 11 U.S.C. § 523(a)(5). Paraphrased, it provides that a discharge under 11 U.S.C. § 727 does not discharge an individual debtor from any debt designated as child support in a divorce decree and owed to a former spouse, unless the debt is not actually in the nature of support.

Section 523(a)(5) excepts mortgage payments that constitute spousal support from discharge.

Pazienza v. Pazienza · filed 1991-07-18(a)(5)

As the payments that Robert owes Mary Ann are not dischargeable in bankruptcy, we are of the opinion that no harm came out from the determinations made on the motion to adjudge Robert in contempt. See 11 U.S.C. § 523(a)(5).

Section 523(a)(5) makes a debt to a former spouse nondischargeable when it is actually in the nature of support.

Byrom v. Spencer (In Re Spencer) · filed 1997-04-01(a)(5)

The Court finds that it was the intention of the parties that the payment on the home mortgage was in the “nature of support.” Thus, the debt is nondischargeable pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) makes mortgage and home maintenance payments nondischargeable when they provide support for minor children.

Smith v. Edwards (In Re Smith) · filed 1997-03-19(a)(5)

Therefore, the Defendant’s Motion for Partial Summary Judgment as to Count I is granted in part and summary judgment is entered against the Plaintiff and in favor of the Defendant and the one/half monthly mortgage payments and one/half of the maintenance costs are determined to be nondis-chargeable pursuant to § 523(a)(5).

Section 523(a)(5)(A) does not treat a direct award of attorney's fees for child support litigation as an assignment when the fees are part of the debtor's support obligation.

Hudson v. Raggio & Raggio · filed 1997-03-19(a)(5)(A)

Hudson further contends that because the fees are payable directly to Raggio, rather than to the child, the debt is "assigned to another entity" and is therefore dischargeable under subsection (A). We disagree with Hudson's characterization of the order as an "assignment." Rather, Raggio supplied a necessary service for the child and Hudson is responsible for paying that fee as part of his support obligation.

Section 523(a)(5) excepts a divorce-related debt from discharge when it is actually in the nature of support, even if structured as a stock buyout.

Custer v. Custer (In Re Custer) · filed 1997-04-23(a)(5)

Based on the above analysis, the court concludes that the Debtor’s obligation to pay the stock buyout payments, pursuant to the separation agreement, is in the nature of support and is thus nondisehargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts from discharge attorneys' fees a former spouse incurred to enforce support-related payments required by a divorce decree.

Macy v. Macy · filed 1997-05-23(a)(5)

Holding that attorneys' fees incurred by a former spouse in the course of seeking to enforce support-related payments required by a divorce decree are properly nondischargeable under 11 U.S.C. S 523(a)(5), we affirm.

Section 523(a)(5) excepts a former spouse’s health insurance obligation and losses caused by its breach from discharge when the obligation serves as support.

Smolinski v. Arnott (In Re Arnott) · filed 1997-06-17(a)(5)

Accordingly, the Debtor’s obligation to maintain health insurance for Mr Smolinski constitutes support and/or maintenance incurred in connection with or resulting from a marital settlement agreement and the obligation is nondischargeable pursuant to § 523(a)(5) of the Bankruptcy Code. Moreover, any debt or loss incurred by the Plaintiff as a result of the Debtor’s failure to maintain coverage is also non-dischargeable pursuant to § 523(a)(5).

Section 523(a)(5) excepts from discharge an obligation that functions as support for a former spouse.

Johnson v. Coe · filed 1997-07-15(a)(5)

Under federal bankruptcy law, if an obligation “effectively functions” as support to the former spouse, it is not dischargeable.

Section 523(a)(5) excepts tuition debts and matrimonial legal fees from discharge when they are in the nature of support, even if payable to third parties.

Barax v. Barax · filed 1997-08-20(a)(5)

Under these circumstances, plaintiff husband’s obligation pursuant to the *1051stipulation and divorce judgment to pay the HANG judgment is not dischargeable under section 523 (a) (5) of the Bankruptcy Code. ... Under these circumstances, the $25,000 legal fee set forth in the stipulation and divorce judgment is not dischargeable, and, as such, has not been discharged by the bankruptcy discharge order.

Section 523(a)(5) does not except child-support enforcement fees from discharge without an agreement or court order requiring payment, and § 523(a)(6) does not except those fees when the debtor had no duty to pay them.

Wawak v. Smolenski (In Re Smolenski) · filed 1997-07-28(a)(5), (a)(6)

Based on the evidence before the Court, the Court concludes that the attorneys’ fees incurred by John are dischargeable under § 523(a)(5) because there was no order entered by the state court awarding the fees prior to the filing of the bankruptcy petition. ... Because Trudi was under no obligation via contract or court order to pay John’s attorneys’ fees, John has failed to establish all the requisite elements necessary to state a prima facie cause of action under § 523(a)(6). Thus, the debt is dischargeable.

Section 523(a)(5) excepts a divorce obligation from discharge when it is actually support, even if the decree describes it as a property division.

Smith v. Smith (In Re Smith) · filed 1997-10-15(a)(5)

In light of the foregoing authority, I find that Debtor’s obligation was actually in the nature of support and the $62,000.00 debt is therefore non-dischargea-ble.

Section 523(a)(5)(B) excepts a divorce debt from discharge when it is actually in the nature of maintenance or support; a division of marital property is dischargeable.

In Re Costanza · filed 1997-09-25(a)(5)(B)

The Court must, therefore, determine whether the debt would be nondisehargeable pursuant to 11 U.S.C. section 523(a)(5)(B) in order to determine the priority of the debt. ... For all of the above reasons, I find that the debt is a division of property. As such, it is a dischargeable debt that is not entitled to priority pursuant to 11 U.S.C. § 507(a)(7).

Section 523(a)(5)(A) does not except a county’s statutory claim for foster care reimbursement from discharge when the county has no assignment of child support.

County of Oakland v. Fralick · filed 1997-10-03(a)(5)(A)

Such rights do not constitute an assignment of child support and therefore the obligation contained in the Juvenile Court’s Order of Reimbursement is dischargeable under Section 523.

Section 523(a)(5) excepts a marital settlement’s mortgage payment obligation from discharge when it was intended as support, even if the agreement says the payments can be discharged.

Tatge v. Tatge (In Re Tatge) · filed 1997-10-08(a)(5)

In this case, when the Settlement Agreement attempted to determine dischargeability, not by label, but by specific agreement, we are still bound to assess the dischargeability of the debt in the event the Debtor files for bankruptcy. As we have previously held, the Settlement Agreement was intended to treat the obligation to pay the mortgage payments as a form of nondischargeable maintenance.

Section 523(a)(5) excepts a divorce-related mortgage obligation from discharge when it functions as support, regardless of its property-settlement label.

Kubik v. Kubik (In Re Kubik) · filed 1997-11-19(a)(5)

Based on the foregoing IT IS ORDERED that the unsatisfied mortgage balance represented by the supplemental money judgment in favor of the Plaintiff, Devonna Dee Kubik, and against the Defendant/Debtor, Klayton Kubik, in the principal amount of $29,591.76 together with interest at the judgment rate of interest from and after July 30, 1996, is nondisehargeable pursuant to section 523(a)(5).

Section 523(a)(5) makes court-ordered child support nondischargeable even when payments continue after the child reaches majority and exceed state-law requirements.

Richardson, Theodore v. Edwards, Yvonne · filed 1997-10-28(a)(5)

We therefore join Harrell, 754 F.2d at 905, and Boyle v. Donovan, 724 F.2d 681, 683 (8th Cir. 1984), in holding that a debtor's obligation under a court order, and pursuant to a settlement agreement, to pay post-majority child support is nondischargeable under s 523(a)(5) even if the obligation exceeds the requirements of state law.

Section 523(a)(5) excepts unpaid private-school tuition from discharge when the obligation is in the nature of child support.

Kilgore v. Fritz (In Re Fritz) · filed 1997-11-04(a)(5)

For all the foregoing reasons, the Court finds that the Tuition Debt is in the nature of support, and is non-dischargeable pursuant to 11 U.S.C. § 523(a)(5).

Under § 523(a)(5), whether a marital settlement obligation is support turns on the parties' intent when they executed the agreement; a genuine dispute about that intent precludes summary judgment.

In Re Robert S. Austin, Debtor, Alice M. Austin-Starr v. Austin · filed 1997-11-12(a)(5)

With respect to the application of § 523(a)(5), we have also held: In determining whether a debtor's obligation is in the nature of support, the intent of the parties at the time the settlement agreement is executed is dispositive. ... Construing the record in the light most favorable to Austin-Starr, the non-movant, there was a genuine issue of material fact with respect to the intent of the parties at the time the agreement was executed concerning the nature of the debt.

Section 523(a)(5) makes child support nondischargeable even when payments extend past the child’s majority, but does not protect a mortgage obligation that divides marital property rather than provides support.

Richardson v. Edwards · filed 1997-12-03(a)(5)

Section 523(a)(5) speaks of “child” support, not support of a “minor child,” and there is no doubt that Richardson’s monthly payments were for the benefit of his children regardless of their ages. ... Richardson’s assumption of the second mortgage is neither alimony, nor spousal or child support within the protection of § 523(a)(5). It is exactly what it purported to be and what the Maryland court must have construed it to be — namely, an essential part of the parties’ agreed-upon division of property, and thus an obligation dischargeable in bankruptcy.

Section 523(a)(5) makes guardian ad litem fees that are in the nature of child support nondischargeable.

Cloyd v. Alaruri (In re Alaruri) · filed 1997-12-04(a)(5)

Accordingly, the Court holds that the guardian ad litem fees in issue here are in the nature of child support, and are non-dischargeable pursuant to Section 523(a)(5).

Section 523(a)(5) does not except a guardian’s debt for a ward’s guardian ad litem fees from discharge when the guardian has no legal duty to support the ward from his own funds.

Ceconi v. Uriarte (In Re Uriarte) · filed 1997-12-17(a)(5)

Support for purposes of both New Jersey state law and Code section 523(a)(5) is based upon a legal obligation to provide for a dependent from one’s own funds. Since a guardian of the person of a minor appointed under N.J. Stat. Ann. § 3B:12-51 et seq. has no obligation to provide for his ward from his own funds, Ricardo’s debt to the guardian ad litem cannot be in the nature of support within the meaning of Code section 523(a)(5).

Section 523(a)(5) makes a divorce-related obligation nondischargeable when it functions as support, including payments that maintain a former spouse’s home.

Beach v. Beach (In Re Beach) · filed 1998-01-14(a)(5)

Based upon the foregoing, it is the conclusion of the court that the unpaid and outstanding balance owing First Bank in consequence of the mobile home loan is nondischargeable under section 523(a)(5) and in addition, until said debt is completely paid, the sum of $350 per year owing to the Plaintiff, Emily J. Beach, for taxes and insurance is likewise nondischargeable under section 523(a)(5).

Section 523(a)(5) excepts an obligation to convey land to a debtor’s children from discharge when the conveyance is intended to support their education and welfare.

Tadisch v. Tadisch (In Re Tadisch) · filed 1998-01-28(a)(5)

The debtor’s obligation to his three children in connection with his commitment to convey the 140 acres of real estate is a nondischargeable debt under 11 U.S.C. § 523(a)(5) as being in the nature of support.

Section 523(a)(5)(B) requires courts to look beyond an alimony label and determine whether an obligation is actually in the nature of alimony, maintenance, or support.

Henry v. Edwards (In Re Edwards) · filed 1997-12-23(a)(5)(B)

It is the conclusion of this court that the $500/week obligation under the October 31, 1989 Separation Agreement, as it extended beyond the remarriage of the Plaintiff, is not “in the nature of alimony, maintenance, or support.” 11 U.S.C. § 523(a)(5)(B).

Section 523(a)(5) excepts a child support debt from discharge when it was incurred for the child’s benefit, even if the debt is owed to someone else.

Schwartz v. Schwartz (In Re Schwartz) · filed 1998-01-12(a)(5)

It is not necessary that the debt be owed directly to the child. The Court finds that the debt incurred was clearly to provide for the Plaintiffs maintenance and support. It is irrelevant that the state court Judgment was in the name of the Kirshners and not the Plaintiff, since the ultimate purpose of the suit was for Plaintiffs welfare. The Court finds that Debtor’s debt for maintenance and support is nondischargeable pursuant to section 523(a)(5).

Section 523(a)(5) permits a debtor to dispute whether a divorce obligation is support despite having deducted earlier payments as alimony on tax returns.

Kelley v. Kelley (In Re Kelley) · filed 1998-01-14(a)(5)

Accordingly, the court holds that the Debtor is not barred by the doctrine of quasi-estoppel from arguing that the monthly obligation he owes to the Plaintiff is not in the nature of alimony, maintenance or support even though the Debtor has claimed an “alimony” deduction for prior payments of the same obligation on his federal income tax returns for the years 1993 through 1996.

Section 523(a)(5)(B) treats a spouse’s assumed debt as nondischargeable support when its actual function is to provide support, regardless of how the divorce agreement labels it.

Barax v. Barax · filed 1998-01-15(a)(5)(B)

In determining whether a debt is in the nature of alimony, maintenance or support under section 523 (a) (5) (B), the court should look at the actual function served by the spouse’s assumption of liability, rather than merely relying on the formal characterization of the debt in the divorce stipulation and judgment (Kubera v Kubera, 200 Bankr 13, 16). Since the debt was for the children’s tuition, and was incurred in furtherance of the husband’s pre-divorce obligation to provide for their education, it should be considered child support rather than a property settlement (see, In re Lewis, 39 Bankr 842, 845).

Section 523(a)(5) permits courts to consider evidence beyond a divorce agreement when deciding whether a debt is actually in the nature of support.

Hopson v. Hopson (In Re Hopson) · filed 1998-01-16(a)(5)

The relevant eases are those involving § 523(a)(5), and these cases suggest that traditional contract principles do not preclude extrinsic evidence of the parties’ intent, where the issue before the court is whether a debt created in an agreement settling a divorce case is in the nature of support or maintenance for purposes of a § 523(a)(5) dischargeability determination. ... These cases are persuasive, and the Court will consider the affidavits in deciding the summary judgment motion.

Section 523(a)(5) can treat payments under a property settlement as support without converting the property award into alimony.

Votzmeyer v. Votzmeyer · filed 1998-02-05(a)(5)

Because the bankruptcy code provides that payments functioning to support or maintain the recipient may be based on a. property settlement agreement or other order of a court of record, we conclude the bankruptcy court’s finding did not transmute the payments from Theresa’s share of the parties’ property into alimony.

Section 523(a)(5) excepts child support obligations from discharge when they are actually in the nature of support under federal bankruptcy law.

Waller v. Kriss (In Re Kriss) · filed 1998-02-26(a)(5)

Thus, Waller is entitled to summary judgment that all unpaid Article VIII Obligations, if any, constitute non-dischargeable child support under § 523(a)(5) of the Bankruptcy Code.

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

Woodward v. Woodward · filed 1998-03-04(a)(5)

Under federal bankruptcy law, the dissolution court’s designation of an obligation as “support” or “property” does not resolve the issue of whether the obligation was in the nature of support and therefore not dischargeable.

Section 523(a)(5) makes support obligations imposed by divorce decrees nondischargeable.

Stepp v. Stepp · filed 1998-03-10(a)(5)

Support obligations imposed by divorce decrees are not dischargeable under federal bankruptcy laws, 11 U.S.C. § 523(a)(5).

Section 523(a)(5) requires a claimant seeking to except a spouse’s attorney fees from discharge to prove the amount of the fees and their connection to support.

Weisberg v. Abrams (In Re Weisberg) · filed 1998-03-12(a)(5)

It was clearly FWRV’s duty to prove the amount of nondischargeable attorneys’ fees, the nature of the work done for the Wife, and how much of the work done for her was related to support-related matters. This it did not do to our satisfaction.

Section 523(a)(5) excepts from discharge a debt for maintenance owed to a former spouse under a divorce decree.

In Re Dorf · filed 1998-03-12(a)(5)

Pursuant to §§ 523(a)(5) and 507(a)(7) of the Bankruptcy Code, Nina Dorf holds a non-dischargeable, priority claim.

Section 523(a)(5) does not except from discharge a debt owed directly to a government agency for supporting the debtor’s child.

Dekalb County Division of Family & Children Services v. Platter (In re Platter) · filed 1998-03-26(a)(5)

The plain meaning of § 523(a)(5) does not cover the present situation, where the debtor owes a governmental agency directly for the support of the debtor’s child.

Section 523(a)(5) makes divorce counsel fee payments nondischargeable when they function as support, but payments serving a punitive purpose are dischargeable.

Bieluch v. Bieluch (In Re Bieluch) · filed 1998-04-08(a)(5)

In sum, this Court concludes that the Plaintiff has met her burden to demonstrate that the Core Award was in the nature of alimony because it was reasonably intended, and would in fact have functioned, to support her, if the Defendant had been making the required installment payments. ... Accordingly, the Plaintiff has not met her burden of persuading this Court that the Survival Terms were in the nature of alimony, maintenance or support, except as to the Term requiring payment regardless of the death of the Defendant.

Section 523(a)(18) excepts a county's welfare reimbursement debt from discharge when it is in the nature of support and enforceable under part D of title IV of the Social Security Act, even if the assistance preceded a support order.

Leibowitz v. County of Orange (In Re Leibowitz) · filed 1998-04-09(a)(18)

Based upon the language of § 523(a)(18), the only salient factors which must be present for a debt to be nondischargeable under § 523(a)(18) are: 1) the debt is owed under State law, 2) the debt is owed to a State or municipality, 3) the debt is in the nature of support, and 4) the debt is enforceable under part D of title IV of the Social Security Act (42 U.S.C. § 601 et seq.).

Section 523(a)(5) excepts a debt to a former spouse from discharge when it is in the nature of alimony, maintenance, or support, and the creditor bears the burden of proving that character.

Bankr. L. Rep. P 77,674 in Re Edward J. Reines, Debtor. Carol Kolodziej v. Reines · filed 1998-05-26(a)(5)

Section 523(a)(5) establishes three requirements that must be met before a marital obligation becomes nondischargeable in bankruptcy: (1) the debt must be in the nature of alimony, maintenance, or support; (2) it must be owed to a former spouse or child; and (3) it must be in connection with a separation agreement, divorce, or property settlement agreement. ... And if she can do no better than that, she loses, because the burden of proof rests with her.

Section 523(a)(5)(A) does not make a child support award dischargeable when its assignment merely apportions the award between an attorney and the attorney's law partnership.

Gillespie v. Thomas (In Re Thomas) · filed 1998-06-16(a)(5)(A)

The assignment was more in the nature of an apportionment of the value of the award of child support that had been received by the Plaintiff and the Partnership. The Court finds and concludes that this assignment was not an assignment to another entity that was intended to defeat the policy of not permitting the discharge of child support obligations in a Bankruptcy case.

Section 523(a)(5) excepts an obligation from discharge when its substance and function are support rather than a division of property.

Horner v. Horner (In Re Horner) · filed 1998-07-20(a)(5)

It is clear from the totality of the circumstances that the payments under ¶ 9 were not for the “support” of Ms. Horner and her daughter, but rather were incident to the division of property between Mr. and Ms. Horner. Thus, the Bankruptcy Judge’s determination that the payments are actually in the nature of alimony, maintenance, or support must be reversed.

Section 523(a)(5) makes an attorney-fee award nondischargeable when the award is in the nature of support.

Berman v. Mobley (In Re Mobley) · filed 1998-08-18(a)(5)

Debtor’s obligation on the attorney fees is nondischargeable pursuant to 11 U.S.C. § 523(a)(5) based upon the nature of support inherent in the state court award.

Section 523(a) does not except fees for pre-petition legal services from discharge merely because the attorney receives payment after the petition is filed.

In Re Jastrem · filed 1998-08-25(a)

The respondent argues that under the circumstances of this case, there is, in essence, an unwritten paragraph in section 523(a) that provides for the nondischargeability of this debt. The court disagrees. If Congress intended that such an exception to discharge exist, it would have enacted an appropriate law.

Section 523(a)(5)(B) excepts an attorney fee award from discharge when it serves as child support, even if payable directly to the attorney, where the custodial parent remains liable for the fees.

Rand v. Lombardo (In Re Lombardo) · filed 1998-09-24(a)(5)(B)

Therefore, this Court accepts the superior court’s finding and holds that the $2,000 award of attorney fees payable to Rand is in the nature of child support and nondischargeable under § 523(a)(5)(B), in part because of the harm that would befall Lombardo’s child Victoria and her mother if the debt were discharged while Gatewood remains liable.

Section 523(a)(5) treats attorney fees as support obligations according to their underlying character, even when payable directly to counsel.

Welsh v. Misener (In Re Misener) · filed 1998-09-30(a)(5)

The non-dischargeable status of a legal fee is to be determined by its underlying character, not by whether it is to be paid directly to counsel or by way of reimbursement.

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

Halouska v. Halouska · filed 1998-10-06(a)(5)(B)

However, the dischargeability of a debt is a question of federal bankruptcy law, and as emphasized above, § 523(a)(5)(B) expressly provides that a designation of a debt as alimony, maintenance, or support to a spouse, former spouse, or child will render it nondischargeable only if “such liability is actually in the nature of alimony, maintenance, or support.”

Section 523(a)(18) excepts from discharge a state or municipal claim for public assistance reimbursement that is in the nature of support and enforceable under Title IV-D.

Coker v. County of Riverside (In Re Coker) · filed 1998-10-08(a)(18)

For these reasons, the Court finds that public assistance reimbursement constitutes a debt “in the nature of support” and is nondischargeable under 11 U.S.C. § 532(a)(18).

Section 523(a)(5)(B) conclusively treats a state court award as support when it is designated as support and bears the traditional features of a support obligation.

In Re Perle Albert SORAH, Jr., Debtor. Karren L. SORAH, Appellant, v. Perle Albert Sorah, Jr., Appellee · filed 1998-12-22(a)(5)(B)

An award that is designated as support by the state court and that has the above indicia of a support obligation (along with any others that the state support statute considers) should be conclusively presumed to be a support obligation by the bankruptcy court.

Section 523(a)(5) uses federal law to determine whether a divorce obligation is support or a property obligation.

Chaney v. Chaney (In Re Chaney) · filed 1999-01-04(a)(5)

Under section 523(a)(5), whether a divorce obligation should be characterized as property or support is a matter of federal law.

Section 523(a)(5) excepts an obligation from discharge when the claimant proves by a preponderance of the evidence that it is actually in the nature of alimony, maintenance, or support.

Doerflein v. Doerflein · filed 1998-12-11(a)(5)

The former wife did not sustain her burden to prove by a preponderance of the evidence that the debt assumption and hold harmless provisions were "actually in the nature of alimony, maintenance, or support." Therefore, the trial court erred in finding these obligations nondischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts a debt for a child’s support from discharge even when the debt is payable to a third party rather than directly to the child.

Beaupied v. Chang (In re Chang) · filed 1998-12-30(a)(5)

We hold in the instant case that the identity of the payee is less important than the nature of the debt. Thus, although Chang does not owe money directly to Lindsay, because Chang’s debts to Ting and Beaupied are in the nature of support of Lindsay, they are nondischargeable.

Section 523(a)(5) treats fees for a child’s court-appointed attorney in a custody dispute as nondischargeable support even when payment is owed directly to the attorney.

Sinton v. Blaemire (In Re Blaemire) · filed 1999-01-26(a)(5)

The debtor is not directly obligated to her minor children for Mr. Sinton’s charges, but this fact is not determinative of discharge. ... Public policy demands a far broader reading of what is meant by support for a minor child in 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts attorney fees payable to a third party from discharge when the award is actually in the nature of support.

Sickal v. Frye (In Re Frye) · filed 1999-03-08(a)(5)

The Bankruptcy Court has reviewed the circumstances of the award, including the State court’s intention, and determined that the award is actually in the nature of maintenance, alimony or support. Thus, the federal bankruptcy law requirement that a debtor’s obligations excepted from discharge under Section 523(a)(5) must be obligations that are actually in the nature of support has been satisfied.

Section 523(a)(5) excepts a life-insurance obligation from discharge to the extent it secures alimony or support, but not to the extent it secures a property settlement.

Klayman v. Klayman (In Re Klayman) · filed 1999-01-26(a)(5)

Thus, to the extent the requirement to maintain life insurance is directly related to the alimony, maintenance, and child support obligation, the obligation to maintain life insurance obviously falls within the exception of § 528(a)(5) as do the obligation to pay alimony, maintenance, and child support. ... It follows from the foregoing that the Debtor’s obligation to procure life insurance in the amount of the outstanding balance on the alimony should be $198,-000.00, not the $360,000.00 still owed on the property settlement.

Section 523(a)(5)(B) makes a divorce debt nondischargeable when the state court intended the award as support and it is actually in the nature of alimony.

Newton v. Raymond (In Re Newton) · filed 1999-02-15(a)(5)(B)

The lump sum alimony award of $150,000 is actually in the nature of alimony, that debt is nondischargeable, judgment shall enter in favor of the defendant, and IT IS SO ORDERED.

Section 523(a)(5) can cover support obligations in divorce-related side agreements even if the agreements were neither filed with nor approved by the divorce court.

Krein v. Hanagan (In Re Krein) · filed 1999-02-23(a)(5)

It is the conclusion of this Court that the side agreements are separation agreements or property settlement agreements within the meaning of § 523(a)(5). They are “in connection with” the parties’ dissolution proceedings even though they are not approved by a court order or formally filed with the divorce court. The Court concludes that, though viewed with disfavor, side agreements can give rise to nondischargeable debts under § 523(a)(5) if the other requirements of that section are satisfied.

Section 523(a)(5) excepts divorce obligations that function as support or maintenance from discharge, regardless of their label as a property settlement.

Will v. Martinez (In Re Martinez) · filed 1999-02-25(a)(5)

If not part of the property settlement, the Debtor’s obligations can only be a support or maintenance obligation. Therefore, and based on all of the foregoing, the court finds that the Plaintiff has met her burden of proof of showing that the debts in question are ones for support, maintenance or alimony, and therefore are non-dischargeable under § 523(a)(5).

Section 523(a)(5) excepts divorce-related attorney fee awards from discharge when the fees are necessary for a former spouse to maintain the matrimonial action and are in the nature of support.

Sculler v. Rosen (In Re Rosen) · filed 1999-03-24(a)(5)

I find that the awards of legal fees were clearly necessary for Mrs. Sculler to defend and maintain her matrimonial action. I find these fee awards were in the nature of support and maintenance and therefore are nondis-ehargeable pursuant to § 523(a)(5).

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

Castillo v. Prater (In Re Prater) · filed 1999-04-05(a)(5)

Plaintiff has established by preponderance of the evidence that the attorney’s fees are in the nature of support and are therefore excepted from discharge pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts an obligation to pay joint credit card debt from discharge when the obligation is in the nature of spousal support and is not unreasonable.

Hayes v. Hayes (In Re Hayes) · filed 1999-06-02(a)(5)

The Court concludes that the award is not unreasonable. Because the award is in the nature of spousal support and is not unreasonable, it is not dischargeable.

Section 523(a)(5) excepts debts assumed in a divorce from discharge when they are actually in the nature of alimony or support.

Luman v. Luman (In Re Luman) · filed 1999-04-14(a)(5)

Accordingly, the Court holds that the credit card debts assumed by the Debtor in the Parties’ divorce decree were actually in the nature of alimony and support, and thus the debts are nondischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) makes divorce debts nondischargeable when they were intended to provide alimony, maintenance, or support.

Johnson v. Hamblen (In Re Hamblen) · filed 1999-05-05(a)(5)

For the foregoing reasons, the Court finds that the debts assigned to the Debtor Gerald Hamblen by the divorce decree entered by the Circuit Court of Carroll County, Missouri, on November 22, 1996, were intended to be in the nature of alimony, maintenance or support and are therefore nondischargeable pursuant to § 523(a)(5) of the Bankruptcy Code.

Section 523(a)(5) does not except guardian ad litem fees for a debtor’s grandchildren from discharge when the fees are not in the nature of support.

Eliason v. Sullivan (In Re Sullivan) · filed 1999-05-13(a)(5)

Because the fees owed by the debtor to Eliason were not incurred on behalf of a “child of the debtor,” and were not in the nature of “support,” the court concludes that they are not excepted from discharge under § 523(a)(5).

Section 523(a)(5) excepts a father's court-ordered share of birth expenses and a child's necessaries from discharge when the debt is in the nature of child support.

Williams v. Kemp (In Re Kemp) · filed 1999-05-25(a)(5)

The Court GRANTS the request that the debt, in the amount of $4821.55 be declared nondis-chargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) does not except reimbursement for back property taxes from discharge when the obligation is not in the nature of maintenance or support.

Cowart v. White · filed 1999-06-22(a)(5)

The obligation to reimburse White for back taxes is not nondischargeable in the nature of a “maintenance or support” obligation.

Section 523(a)(5) does not except a divorce-related debt from discharge merely because it is labeled support; the obligation must actually function as support rather than a property settlement.

Scholl v. McLain (In re McLain) · filed 1999-07-27(a)(5)

The record, viewed as a whole, does not support a finding that the $3,843.96 obligation is nondischargeable child support. The record, viewed as a whole, does support a finding that the $3,843.96 obligation is a dischargeable property settlement.

Section 523(a)(5) excepts attorney fees awarded in child support litigation from discharge when they are actually in the nature of support.

Robertson v. Fulton (In Re Fulton) · filed 1999-07-30(a)(5)

The Bankruptcy Court’s determination of whether the attorneys’ fees and Indemnity Obligations are “actually in the nature of alimony, maintenance or support” under § 523(a)(5) of the Bankruptcy Code, not merely designated as such, and, therefore, nondischargeable, is a factual finding which must be supported by evidence. ... There is no factual dispute and the attorney fees in question are nondis-chargeable as a matter of law.

Section 523(a)(5) may make a parent’s agreed obligation to pay a child’s college expenses nondischargeable when the parties intended it as support, even after the child reaches adulthood.

Seixas v. Booth (In Re Seixas) · filed 1999-07-30(a)(5)

In addition, § 523(a)(5) is not limited to support obligations owed to minor children, but may extend to post-majority educational obligations if the parties so intend.

Section 523(a)(5) excepts a marital debt from discharge when it is in the nature of support; a debt arising from property division remains dischargeable.

In Matter Of: Howe v. Howe, Unpublished Decision (8-6-1999) · filed 1999-08-06(a)(5)

Accordingly, appellant's sole assignment of error is without merit as there is insufficient evidence for this court to overturn the trial court's determination that appellee's assumption of the second mortgage was in the nature of the parties' division of marital property.

Section 523(a)(5) requires a court to determine whether a divorce debt was intended as support or as a division of property.

Nieman v. Nieman (In Re Nieman) · filed 1999-08-18(a)(5)

The Court finds that there are unresolved questions of fact regarding the intent of the parties. ... This Court finds that there are genuine issues of material fact and denies both motions for summary judgment under § 523(a)(5).

Section 523(a)(5) excepts an obligation from discharge when it is in the nature of support, even if it takes the form of payment of a marital debt.

In Re Marriage of Adamson and Cosner · filed 1999-11-22(a)(5)

Consequently, a finding that petitioner's maintenance obligation, was, in substance, the assumption of a debt does not preclude a finding that the obligation was in the nature of support. ... Consequently, we find that the trial court's determination that petitioner's maintenance obligation was nondischargeable was not against the manifest weight of the evidence.