11 U.S.C. § 523

Section 523(a)(5)(B) makes attorney’s fees incurred to enforce child support nondischargeable when they are in the nature of maintenance; the fees need only be connected with a court order.

Weems v. Cavaluzzi (In Re Cavaluzzi) · filed 2007-03-19(a)(5)(B)

The Court disagrees with Defendant’s interpretation of Section 523(a)(5) since Plaintiffs attorney’s fees are merely required to be “in connection with” a court order under the language of Section 523(a)(5)(B). Plaintiffs attorney’s fees are squarely “in connection with” the Child Support Order and subsequent appeal both initiated by Defendant.

Section 523(a)(5) makes attorney fees nondischargeable when they are in the nature of support.

Ker v. Ker (In Re Ker) · filed 2007-03-30(a)(5)

In sum, Tanya has carried her burden of establishing under § 523(a)(5) that the Attorney Fees are in the nature of support and therefore not subject to discharge.

Section 523(a)(5) excepts support obligations from discharge, but an equalization payment and attorney fees not shown to be support are dischargeable.

Cal-Western Reconveyance Corp. v. Reed · filed 2007-06-29(a)(5)

Debts “in the nature of . . . support” were excepted, but Valerie’s equalization payment had nothing to do with child or spousal support. ... This case did not involve debts arising from a custody proceeding. It involved a prospective order to pay- attorney fees that were not designated to be “payable as child support” or “payable as spousal support.”

Section 523(a)(5) excepts custody-related fees from discharge when they are obligations of support.

Rehkow v. Lewis (In re Rehkow) · filed 2007-06-29(a)(5)

Accordingly, the bankruptcy court did not err in its determination that Rehkow’s debt in the amount of $12,482.37 is founded on an obligation of support and is therefore non-dischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) and (a)(15) do not except attorneys’ fees owed directly to a law firm from discharge as domestic support or divorce-related debts.

Loe, Warren, Rosenfield, Katcher, Hibbs, & Windsor, P.C. v. Brooks (In Re Brooks) · filed 2007-07-19(a)(5), (a)(15)

A law firm may not assert a claim for non-dischargea-ble attorneys’ fees as either a “domestic support obligation” under section 523(a)(5), or a divorce-related debt under section 523(a)(15).

Section 523(a)(5), as applicable to cases commenced in 1996, excepts a lump-sum divorce award from discharge when it is in the nature of spousal support.

Monsour v. Monsour (In Re Monsour) · filed 2007-07-19(a)(5)

In awarding the lump sum obligation, the Circuit Court intended the award to be in the form of spousal support. Therefore, this court concludes that the pre-petition lump sum obligation is in the nature of spousal support, which is excepted from discharge under 11 U.S.C. § 523(a)(5) (1996).

An alimony debt remains excepted from discharge under § 523(a)(5) when its prepetition payment is recovered as a preference.

Anderson v. Wendt (In Re Wendt) · filed 2007-11-20(a)(5)

Debtor’s subsequent prepayment of his obligations under the agreement (together with the reversal of the prepayment in the preference adversary proceeding) does not change the debt from its original character as alimony. The court concludes that Defendant’s debt to Plaintiff is excepted from discharge pursuant to Section 523(a)(5) of the Bankruptcy Code.

Section 523(a)(5) makes child support obligations nondischargeable in bankruptcy.

Topf v. Topf · filed 2007-11-20(a)(5)

While the defendant may have been discharged from payments on the Champion loan by reason of his bankruptcy, child support obligations are not dischargeable in bankruptcy (see 11 USC § 523 [a] [5]; Haser v Haser, 271 AD2d 253 [2000]; Barax v Barax, 246 AD2d 382, 385 [1998]).

Section 523(a)(5) makes a divorce obligation nondischargeable when it was intended to provide support and functions as support, even if the settlement agreement labels it a property settlement.

Cline v. Cline · filed 2007-12-19(a)(5)

We find no clear error in the bankruptcy court’s finding that a one-time $250,000 payment was in substance support without requiring specific evidence of what Mrs. Cline’s monthly expenses were going to be.

Section 523(a)(5) makes an obligation to pay a debt nondischargeable when the payment provides support by preserving housing for a former spouse and child.

In Re Johnson · filed 2008-02-27(a)(5)

The obligation of Mr. Johnson to pay the Wachovia Debt constitutes a DSO pursuant to Section 523(a)(5) of the Bankruptcy Code. As such, the debt is nondischargeable and must be paid in full under the Debtors’ Plan.

Section 523(a)(5) excepts attorneys’ fees awarded to enforce a child visitation order from discharge when the fees are in the nature of support of the child.

Marvin v. Marvin · filed 2008-04-22(a)(5)

Under these circumstances, we agree with the trial court that the attorneys’ fees were “in the nature of support of the child” and, thus, fit within the second criteria contained in the definition of “domestic support obligation” pursuant to 11 U.S.C. § 101(14A). Accordingly, the trial court did not err in exempting the fees from bankruptcy discharge pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts from discharge a debt to a governmental unit for overpaid child care support benefits.

Wisconsin v. Schauer (In Re Schauer) · filed 2008-06-13(a)(5)

The new definition encompasses all debts to a governmental unit related to support, such as the child care subsidy at issue here, and 11 U.S.C. § 523(a)(5) provides the exception from the debtor’s discharge.

Section 523(a)(5) does not except mortgage debt from discharge as a support obligation when the debt bears no connection to spousal support.

Wilson v. Wilson, 05ca0078 (6-30-2008) · filed 2008-06-30(a)(5)

This Court's discussion is therefore limited to the characterization of the mortgage indebtedness under § 523(a)(5). ... In this case, however, the characterization of the mortgage indebtedness bears no connection to spousal support, and the trial court abused its discretion by overruling Douglas's objections and adopting the magistrate's decision on this issue.

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

Farelli v. Farelli (In Re Farelli) · filed 2008-06-06(a)(5)

We find no error in the Bankruptcy Court’s conclusion that the debt Joseph owed was in the nature of maintenance for and support of Kirston, thereby qualifying as an exception to discharge under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) does not except a claimed child support debt from discharge unless the child is established as a child of the debtor.

In Re Livingston · filed 2008-10-21(a)(5)

Even if we assumed that the Default Judgment was in the nature of support, Chiquito is not entitled to judgment as a matter of law under § 523(a)(5). The bankruptcy court erred in assuming the Default Judgment established that the debt was owed to a parent of a "child of the debtor." Because the Default Judgment is not a debt for the support of a "child of the debtor," it is not a DSO as defined by the Bankruptcy Code.

Section 523(a)(5), as it applied before BAPCPA, makes debts for alimony under a divorce order nondischargeable.

Jacobs v. Jacobs (In Re Jacobs) · filed 2008-10-10(a)(5)

That count, which is premised upon a prepetition settlement of a debt for alimony, represents a classic complaint for nondischargeability under 11 U.S.C § 528(a)(5), to which John has offered no meaningful defense. Accordingly, as to the debtor’s obligations under Paragraph 18 of the DRO, this Court finds such obligations to be nondis-chargeable.

Section 523(a)(5) requires consideration of the parties’ circumstances when a divorce obligation was created to determine whether it was intended as support rather than property division.

Marriage of Bean v. Bean · filed 2009-02-11(a)(5)

Without an adequate record to review the financial situation of the parties at the time they entered into the settlement agreement, we cannot determine whether the second mortgage obligation assigned to Harold was intended to be in the nature of maintenance or support, or to be part of the property division. Accordingly, we reverse the trial court's award reimbursing Carol for her payment of the second mortgage and remand for an evidentiary hearing consistent with this opinion.

Section 523(a)(5) excepts counsel fees from discharge when they are in the nature of support.

Ross v. Sperow · filed 2008-12-24(a)(5)

In light of the foregoing, and mindful that the term “in the nature of support” is to be given a broad interpretation in the context of the discharge of debt obligations in bankruptcy (see *1258In re Maddigan, 312 F3d at 596), we agree with Family Court’s determination that the award of counsel fees in its prior order was, in part, “in the nature of support” and, therefore, excepted from discharge in bankruptcy.

Section 523(a)(5) excepts an obligation from discharge when it is actually in the nature of support, regardless of the label in the divorce agreement.

In Re Westerfield · filed 2009-03-13(a)(5)

The definition of domestic support obligation is now used in the discharge exception, § 523(a)(5) of the bankruptcy code. ... The court concludes that the debtor’s obligation to pay the mortgage debt is a domestic support obligation under bankruptcy law.

Section 523(a)(5) can except court-ordered guardian ad litem fees from discharge when the fees are in the nature of child support, even if payable directly to the guardian ad litem.

Kelly v. Burnes (In Re Burnes) · filed 2009-05-04(a)(5)

I see no substantive difference between the 1988 Code’s “to a spouse, former spouse, or child” and BAPCPA’s “owed to or recoverable by ... a spouse, former spouse, or child.” Consequently, I see no basis to conclude that the Eighth Circuit would interpret § 101(14A) under BAPC-PA differently than it did § 523(a)(5) under the 1988 version of the Code. As a result, even assuming that the Debtor had sufficiently established excusable neglect warranting relief from the Judgment, since the Debtor does not deny that the debt fits within § 523(a)(5), and since the purported hardship she asserts in having to pay the debt is not relevant in a § 523(a)(5) action, I find that she has stated no potential defense to Kelly’s Complaint.

Section 523(a)(5) excepts domestic support obligations from discharge but lacks the tax exception’s express rule about claims that were not filed or allowed.

In Re Fort · filed 2009-06-30(a)(5)

The absence of similar language in § 523(a)(5), which provides for the non-dischargeability of domestic support obligations, serves to distinguish these decisions from the issue presented here.

Section 523(a)(5) excepts domestic support obligations from discharge in bankruptcy.

McCloskey v. McCloskey · filed 2009-09-30(a)(5)

A domestic support obligation is not dischargeable from debt in bankruptcy. ... Because the Texas Court of Appeals held the trial court’s characterization ... of the attorney’s fee award as child support to be in error, we vacate the judgment and remand this cause to the bankruptcy court to determine whether the attorney’s fee award is dischargeable in bankruptcy.

Section 523(a)(5) can except a child representative’s fees from discharge when the fees support the debtor’s children, even though the representative is paid directly.

Levin v. Greco · filed 2009-09-16(a)(5)

This court adopts the uniform circuit court authority regarding the scope of the domestic support exception. Although none of the cases involved a child representative under Illinois law, there is no meaningful distinction for purposes of the Bankruptcy Code’s domestic support exception between a child representative and a guardian ad litem.

Section 523(a)(5) excepts a domestic support obligation from discharge only when the debt meets the requirements for both the payee and the nature of the obligation.

Tucker v. Oliver · filed 2010-01-07(a)(5)

The question here boils down to whether the attorneys fee judgment qualifies as a “domestic support obligation” within the meaning of 11 U.S.C § 101(14A), thus making it non-discharge-able under 11 U.S.C. § 523. ... The court concludes, however, that such a result is unwarranted and that the debt in issue here does not come within the statutory definition of “domestic support obligation.”

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

Wallace v. Marble (In Re Marble) · filed 2009-11-25(a)(5)(B)

This Court, liberally construing the exception from discharge for alimony, support or maintenance of a former spouse, concludes that by a preponderance of the evidence, the Hold Harmless Provision of the MSA is in the nature of alimony, support and maintenance. The Hold Harmless Provision of the MSA is excepted from discharge pursuant to Section 523(a)(5)(B).

Section 523(a)(5) does not except a debtor’s obligation to pay her own divorce attorneys’ fees from discharge when the debt is not owed to a former spouse or child for support.

Eric D. Fein, P.C. & Assoc. v. Young (In Re Young) · filed 2010-02-16(a)(5)

The Court, therefore, concludes that the debt- or’s obligation to pay her own attorneys’ fees does not fall within the scope of the § 523(a)(5) exception to discharge, because the debt is not a debt owed to a former spouse or child for alimony, maintenance, or support.

Attorney fees qualifying as domestic support obligations are nondischargeable under § 523(a)(5).

Howard v. Sullivan (In Re Sullivan) · filed 2010-02-22(a)(5)

Pursuant to 11 U.S.C. § 523(a)(5), the attorney’s fees at issue are domestic support obligations and are not dischargeable in Debtor’s Chapter 7 Bankruptcy.

Section 523(a)(5) covers marital-debt obligations intended as spousal support.

In Re Deberry · filed 2010-04-30(a)(5)

The obligation of Mr. DeBerry to pay one-half of the joint marital debts constitutes a DSO pursuant to Section 523(a)(5) of the Bankruptcy Code. Therefore, the Objection will be sustained in part, and only $24,250 of Mrs. Alexander’s claim will be allowed as a DSO.

Section 523(a)(5) excepts attorney’s fees from discharge when they are in the nature of support, even if the debtor must pay the former spouse’s attorney directly.

Coleman v. Blackwell (In Re Blackwell) · filed 2010-05-13(a)(5)

Accordingly, there is no change in the legal character of the award just because, under the statute, the award is now made directly to the former wife’s attorney and not to the former wife. ... Thus, Robert J Coleman, is entitled to a declaration that the legal fees awarded in the amount of $8,870.75, plus interest are, in fact, in the nature of support and, therefore, nondischargeable.

Under pre-2005 § 523(a)(5)(B), a hold-harmless obligation in a marital settlement agreement can arise in connection with that agreement even when the underlying debt predates the divorce.

Wallace v. Marble · filed 2010-03-31(a)(5)(B)

The debt was therefore clearly an obligation that arose in or was made in connection with a separation agreement.

Section 523(a)(5) can except attorney’s fees incurred for a former spouse’s or child’s support from discharge even when the debtor must pay the attorney directly.

Aldrich v. Papi (In Re Papi) · filed 2010-04-30(a)(5)

Recognizing the policy and purpose of Section 523(a)(5) and the weight of authority from other circuits, this court holds that the debt to the Plaintiff for attorney’s fees in the instant case is nondischargeable in bankruptcy under the statutory exception. ... Thus, the Debtor’s obligation to pay the Plaintiff is, in effect, a debt “owed to or recoverable by” Judy.

Section 523(a)(5) excepts an attorney-fee award in a child custody dispute from discharge when the award is in the nature of support.

Reissig v. Gruber (In Re Gruber) · filed 2010-07-12(a)(5)

Consequently, the obligation qualifies as “a domestic support obligation” within the meaning of § 523(a)(5). On this basis, therefore, the Defendant’s obligation to pay the Plaintiffs attorney fee constitutes a nondischargeable debt.

Section 523(a)(5) prevents discharge of a debtor’s obligation to reimburse a county for custody team fees incurred in serving a child’s best interests.

County of LaCrosse v. Stevens (In Re Stevens) · filed 2010-05-17(a)(5)

The county carried its burden to show that the $3,993.67 Heather Stevens owes it is a non-dischargeable domestic support obligation under 523(a)(5).

Section 523(a)(5) excepts a child support debt from discharge when the debtor has court-awarded parental rights and responsibilities, even without a biological parent-child relationship.

Epstein v. Defilippi (In Re Defilippi) · filed 2010-06-03(a)(5)

Though a biological parent/child relationship may be sufficient to bring a support debt within § 523(a)(5)’s purview, it is not a necessary condition to its operation. ... As far as the State of Maine and the Bankruptcy Code are concerned, the Defi-lippis are Joe’s parents and he is their child. The debt owed to the plaintiff is therefore excepted from discharge pursuant to § 523(a)(5).

Section 523(a)(5) permits discharge of a domestic support claim assigned by a child and family investigator to a nongovernmental collector because the investigator is not among those allowed to make that assignment.

Liberty Acquisitions, LLC v. Cordova (In Re Cordova) · filed 2010-10-18(a)(5)

The CFI is not, therefore, one of the enumerated parties under 11 U.S.C. § 101(14A). The “domestic support obligation”, here, was established consistent with 11 U.S.C. § 101(14A)(C)(ii).

Section 523(a)(5) excepts from discharge divorce decree maintenance payments and attorney’s fees intended to provide support.

Phegley v. Phegley · filed 2011-01-25(a)(5)

The bankruptcy court’s determination that the function and purpose of the maintenance payments were to provide support to Sheri is amply supported by the record and will not be overturned. ... The bankruptcy court also found that the attorney fee award was in the nature of support. ... The record supports the bankruptcy court’s finding.

Section 523(a)(5) excepts domestic support obligations, including attorneys’ fees orders in dissolution actions, from discharge.

Kochan v. Kochan · filed 2011-03-09(a)(5)

To the extent Roman appears to argue that the trial court could not order any attorneys’ fees payable by Roman, we do not agree. The bankruptcy statutes provide that a petitioner’s domestic support obligations are not dischargeable in bankruptcy, and attorneys’ fees orders in dissolution actions are encompassed in this rule.

Section 523(a)(5) or (a)(15) can except a divorce-related attorney-fee debt from discharge when the debt represents an obligation to a former spouse, even if the fee award is payable to the spouse’s attorney.

Morris v. Allen (In Re Morris) · filed 2011-05-25(a)(5), (a)(15)

The Court concludes that the true focus here is on the nature of the debt and not to whom the debt is owed. ... Therefore notwithstanding the award of attorneys’ fees to the Defendant set forth in the Partial Judgment, the Court concludes that the award represents a debt of the Former Spouse that the Debtor is obligated to pay or to reimburse and is non-dischargeable under § 523(a)(5) or § 523(a)(15) of the Bankruptcy Code.

Section 523(a)(5) determines whether a divorce obligation is support based on the function it served when the obligation arose.

Comstock v. Rodriguez (In Re Rodriguez) · filed 2011-05-27(a)(5)

Even when considering the parties’ future prospects for financial support, the relevant time period for determining whether a particular obligation constitutes a non-dischargeable domestic support obligation is the time that the obligation arose.

Section 523(a)(5) makes child support obligations nondischargeable, so disallowance of a claim in Chapter 11 does not prevent the creditor from pursuing the debtor in state court.

State of Florida Department of Revenue v. Davis (In Re Davis) · filed 2011-09-13(a)(5)

This is because child-support obligations are nondischargeable in Chapter 13 as well as in Chapter 11 bankruptcy cases. ... Rather, this Court holds that the State should not have been enjoined from presenting the issue of Mr. Davis’s possible child-support obligations in the State court, even after the Bankruptcy Court entered its order confirming Mr. Davis’s Chapter 11 Plan.

Section 523(a)(5) excepts domestic support obligations, including post-petition interest on child and spousal support, from discharge.

Burnett v. Burnett (In Re Burnett) · filed 2011-07-20(a)(5)

The Code treats domestic support obligations favorably. Most notably, the Bankruptcy Code excepts them from discharge, 11 U.S.C. § 523(a)(5), ... Accordingly, Ms. Burnett's claim for post-petition interest on her child and spousal support survives despite Mr. Burnett's plan.

Section 523(a)(5) excepts domestic support obligations from discharge in a Chapter 13 case.

In re Phile · filed 2011-09-27(a)(5)

Domestic support obligations are excepted from discharge in a Chapter 13 proceeding.

Section 523(a)(5) excepts fees owed to a child representative in a child custody proceeding from discharge as a domestic support obligation.

In Re Anderson · filed 2011-10-17(a)(5)

Following reasoning in the foregoing authorities, the fees due to a child representative is held to be within the domestic support exception of § 523(a)(5).

Section 523(a)(5) and (a)(15) do not bar discharge of a debt reimbursing wrongly paid child support when the award is neither support nor part of a separation or divorce agreement.

Bartos v. Kloeppner (In Re Kloeppner) · filed 2011-10-24(a)(5), (a)(15)

Because Bartos was never married to Kloeppner and is not the father of her child, and because his award is not the result of a separation agreement or otherwise nondischargeable, Bartos’ state court award does not fall under 11 U.S.C. § 523(a)(5) or (15).

Section 523(a)(5) excepts attorneys’ fees awarded in a child custody dispute from discharge when they are owed to or recoverable by a former spouse and are in the nature of support.

Hutton v. Ferguson (In re Hutton) · filed 2011-11-30(a)(5)

The awards for attorneys’ fees entered in the Oklahoma trial court are not dis-chargeable in bankruptcy because they are domestic support obligations under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts a former spouse’s matrimonial attorney’s fees from discharge when the fees are a domestic support obligation, even if payable directly to the attorney.

In re Rogowski · filed 2011-12-21(a)(5)

For the reasons stated herein, this Court concludes that Schonfeld’s Claim for matrimonial attorney’s fees constitutes a DSO under § 101(14A), and is therefore entitled to administrative priority status under § 507(a)(1) in this chapter 13 case, and is a nondischargeable debt under §§ 523(a)(5) and 1328(a)(2).

Section 523(a)(7) excepts an Idaho county’s fee and cost award for frivolous prisoner litigation from discharge.

Searcy v. Ada County Prosecuting Attorney's Office (In Re Searcy) · filed 2012-01-09(a)(7)

We conclude that the bankruptcy court did not err in determining that Mr. Searcy’s debt to Ada County was excepted from his discharge under § 523(a)(7).

Section 523(a)(5) excepts attorney’s fees for child-welfare litigation from discharge as domestic support even when payable directly to counsel; section 523(a)(15) also excepts those fees as debts arising from divorce proceedings.

Zimmermann v. Hying (In re Hying) · filed 2012-01-25(a)(5), (a)(15)

The court concludes that the plaintiff is entitled to summary judgment and the debtor’s obligation to pay the attorney’s fees totaling $8,846.75 ordered to be paid directly to the plaintiff constitutes a non-dischargeable debt under § 523(a)(5) as a domestic support obligation. Alternatively, even if this obligation was not a domestic support obligation, it would be nondis-chargeable under § 523(a)(15).

Section 523(a)(5) makes a divorce obligation nondischargeable when the parties intended it to function as support.

Pylant v. Pylant (In Re Pylant) · filed 2012-03-14(a)(5)

In conclusion, this Court finds that the parties intended Debtor’s obligation to provide Norma with a replacement home to function as support. Accordingly, this obligation is a “domestic support obligation” as defined by 11 U.S.C. § 101(14A) and is thus nondischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts guardian ad litem fees incurred to support a child from discharge, even when the debtor alone owes the fees directly to the guardian.

Kassicieh v. Battisti (In Re Kassicieh) · filed 2012-03-30(a)(5)

The Court follows the majority view and holds that Kassicieh’s debt to Battisti is a domestic support obligation as that term is defined in § 101(14A), and the debt is excepted from discharge pursuant to § 523(a)(5).

Section 523 makes domestic support obligations nondischargeable in both Chapter 11 and Chapter 13 cases.

State of Florida, Department of Revenue v. Davis · filed 2012-06-06

Both Chapter 11 and Chapter 13 prohibit the discharge of domestic support obligations, see 11 U.S.C. § 523, and our decision in In re Diaz did not hinge on any procedural difference between Chapter 11 and Chapter 13.

Section 523(a)(5) excepts an Affidavit of Support debt from discharge when the parties intended it to provide financial support to a former spouse.

Hrachova v. Cook (In re Cook) · filed 2012-06-19(a)(5)

The Affidavit of Support is non-dischargeable debt under § 523(a)(5), and plaintiffs Motion for Summary Judgment is granted.

Section 523(a)(5) makes attorney’s fees awarded in a custody suit nondischargeable when they are in the nature of support, regardless of how the award is labeled.

Louttit v. Armell (In re Louttit) · filed 2012-06-19(a)(5)

Considering Congressional intent and the volume of case law on the issue, an award of attorney’s fees made in a custody suit is in the nature of support under 11 U.S.C. § 523(a)(5), regardless of how it is labeled.

Section 523(a)(5) uses the Bankruptcy Code’s definition of domestic support obligation, so a judgment under it can establish a debt’s support status for other provisions using that term.

In re Angelo · filed 2012-09-27(a)(5)

The count under § 523(a)(15) therefore failed to state a claim on which relief could be granted, and the determination of the count under § 523(a)(5) was necessary to the judgment. The judgment therefore preclusively established that the Peck Award is, in its entirety, a domestic support obligation.

Section 523(a)(5) excepts an attorney’s fee award from discharge when the award functions as child support by preserving a parent’s resources for the child’s care.

Lakeman v. Weed (In re Weed) · filed 2012-09-18(a)(5)

As such, the District Court’s award was in the nature of child support for ATW. Thus, § 523(a)(5) excepts the entire amount of the award from Weed’s discharge in bankruptcy.

Section 523(a)(5) excepts a debt to a former spouse from discharge when the creditor proves it is a domestic support obligation.

Woodward v. Ehrler-Nugent (In re Nugent) · filed 2012-12-20(a)(5)

As a result, this Court cannot conclude that the Obligations are “domestic support obligations” under §§ 523(a)(5) and 101(14A); therefore, the Obligations are not excepted from discharge under § 523(a)(5).

Section 523(a)(5) makes support fees owed to a child’s guardian ad litem nondischargeable.

Rackley v. Rackley (In re Rackley) · filed 2013-10-18(a)(5)

The Court concludes that a guardian ad litem for a child in custody litigation is a legal guardian for purposes of section 101 (14A) and sections 523(a)(5).

A debt repaying overpaid spousal support falls outside § 523(a)(5) when the former spouse owed repayment has no need for support.

Galiardo v. Galiardo (In re Galiardo) · filed 2013-11-27(a)(5)

Because the judgment for repayment was not based on need for support of the former husband, the Court finds that this type of debt does not give rise to the exception to discharge for domestic support obligations.

Section 523(a)(5) excepts from discharge a debt owed to a governmental unit for a child’s support, including the cost of daily necessities provided during juvenile detention.

Rivera v. Orange County Probation Department (In Re Rivera) · filed 2014-06-04(a)(5)

Simply put, Congress broadened the categories of creditors that could take advantage of the § 523(a)(5) exception to discharge in BAPCPA, and Orange County, as a governmental unit, now qualifies for an exception to discharge in this case.

Section 523(a)(5) excepts from discharge a parent’s debt to a governmental unit for support provided to the parent’s child during juvenile detention.

In re: Maria G. Rivera · filed 2014-06-04(a)(5)

Simply put, Congress broadened the categories of creditors that could take advantage of the § 523(a)(5) exception to discharge in BAPCPA, and Orange County, as a governmental unit, now qualifies for an exception to discharge in this case.

Section 523(a)(5) did not except the debtor’s obligation to the guardian ad litem from discharge in this case.

Wischmeyer v. Bobinski (In re Bobinski) · filed 2014-09-09(a)(5)

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that any obligation owed by Steven D. Bobinski to Martha L. Wischmeyer which is the subject of this adversary proceeding is not excepted from discharge pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) covers divorce debts in the nature of support, but not debts dividing marital property.

Coon v. Henderson (In re Coon) · filed 2014-11-24(a)(5)

Having determined that his liability under Section IV of the divorce decree, in the amount of $43,500.00, is entitled to priority pursuant to 11 U.S.C. § 507(a)(1)(A), it follows that the same indebtedness is excepted from discharge pursuant to 11 U.S.C. § 1328(a)(2) and § 523(a)(5). As it is determined that Coon’s Section VIII liability, in the amount of $40,895.30, is not in the nature of alimony and not entitled to § 507(a)(1)(A) priority, it follows that there is no basis to except it from discharge in the event Coon completes payments under his Plan.

Section 523(a)(5) excludes domestic support obligations from an individual debtor’s bankruptcy discharge.

Peebles v. Peebles · filed 2014-12-09(a)(5)

And it is well established that a chapter 7 discharge “does not discharge an individual debtor from any debt . . . for a domestic support obligation[.]” 11 U.S.C. § 523(a)(5) (emphasis added). So even though the issue is barred, we find the chancellor was right that the note obligation was not discharged by William’s chapter 7 bankruptcy.

Section 523(a)(5) excepts pre-petition interest on child-support arrears from discharge as part of a child-support obligation.

Ghee v. Department of Human Resources · filed 2014-12-23(a)(5)

The bankruptcy court properly determined that any interest Mr. Ghee owed on child-support arrears under Alabama law was not discharged by the bankruptcy court’s August 2003 discharge order, as pre-petition child-support interest is part of a non-dischargeable child-support obligation under 11 U.S.C. § 523(a)(5) (2002).

Section 523(a)(5) excepted the maintenance obligation from discharge, while the attorney-fee award was not a domestic support obligation.

Waller v. Waller (In re Waller) · filed 2014-12-29(a)(5)

James’s obligation to pay the Maintenance is a DSO under § 101(14A) and is nondischargeable under §§ 523(a)(5) and 1328(a)(2). Ericka failed to prove that the award of attorney’s fees and costs award is in the nature of support. James’s obligation to pay $4,205 in attorney’s fees and costs is not a DSO and is a debt under § 523(a)(15); accordingly, the attorney’s fees and costs award is not excepted from a full compliance chapter 13 discharge under § 1328(a).

Section 523(a)(5) makes a support debt nondischargeable in full unless it is unreasonably excessive under traditional concepts of support.

Thomas v. Clark · filed 2015-01-08(a)(5)

When a debt is in the nature of support, the full debt is nondischargeable unless the debt “is so excessive as to be unreasonable under traditional concepts of support.” See id. at 520.

Section 523(a)(5) excepts from discharge an obligation intended to provide spousal support, even when structured as a guaranteed investment return.

Steele v. Wyly (In re Wyly) · filed 2015-02-19(a)(5)

Accordingly, the obligation created by the Investment Provision is not dischargeable in Sam’s bankruptcy case under § 523(a)(5) of the Bankruptcy Code and Torie’s Motion will be GRANTED.

Section 523(a)(5) excepts domestic support obligations from discharge.

Fields v. Kimmel (In re Kimmel) · filed 2015-03-04(a)(5)

Therefore this court finds that the Debt listed in Proof of Claim Number 5 filed by the plaintiffs in the bankruptcy case of Sarah R. Kimmel is a domestic support obligation as defined by 11 U.S.C. § 101(a)(14A) and that the Debt is nondis-chargeable pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepted the debt found to be a support obligation from discharge.

Quinn v. Quinn · filed 2015-03-16(a)(5)

Nor was the court’s ultimate determination—that Francis’s debt represented a support obligation—clearly erroneous.

Section 523(a)(5) does not except attorney fees from discharge merely because they arose in a custody dispute; the fees must be in the nature of support.

Koch v. Olsson (In re Olsson) · filed 2015-06-17(a)(5)

Here, the record reflects that the basis of the debt was to punish Olsson and deter similar conduct. Therefore, it was not in the nature of support and does not fall within the “domestic support obligation” exception to discharge.

Section 523(a)(5) excepts divorce payments from discharge when they function as support, even if the agreement labels them a property distribution.

McLain v. McLain (In re McLain) · filed 2015-06-30(a)(5)

The Court determines that David’s obligation to pay Penny the equalization payments provided for in paragraph 4 of Article II of the MSA, is a domestic support obligation that is nondischargeable under section 523(a)(5) and that is entitled to priority treatment under section 507(a)(1).

Section 523(a)(5) excepts a divorce-related debt from discharge only if it is in the nature of support; the divorce judgment’s label does not determine whether it qualifies.

Berube v. Berube (In re Berube) · filed 2015-07-06(a)(5)

In the First Circuit, the Divorce Obligations must provide for the care or upkeep of Ms. Berube in order to qualify as domestic support obligations and be excepted from discharge.

Section 523(a)(5) does not except a divorce settlement’s mortgage payment obligation from discharge when the parties intended it to divide property and debt rather than provide support.

Lawson v. Lawson (In re Lawson) · filed 2015-09-10(a)(5)

The Court concludes, after trial, the obligation of the Debtor was not one in the nature of support and is not a domestic support obligation. The Debtor’s obligation is therefore dischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) makes a mortgage payment obligation nondischargeable when it is owed or recoverable by a former spouse and is intended as support.

Price v. Price (In re Price) · filed 2015-10-05(a)(5)

For the reasons set forth above, the Court finds that the debt owed by the Defendant to the Plaintiff pursuant to paragraphs 2 and 7 of the Consent Agreement shall be held nondischargeable pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts obligations that serve as support, including reimbursement of a child's education fund and costs to prevent foreclosure of the family home, from Chapter 13 discharge.

Lawrence v. Combs (In re Combs) · filed 2016-01-21(a)(5)

The Court further finds'that the following obligations owed by the Debtor to Lawrence are also in the nature of alimony, maintenance, or support and will not be discharged even if the Debtor successfully completes his Chapter 13 Plan: (1) the Education Fund Réimbursement in the amount of $12,750.00; and (2) the Foreclosure Avoidance in the amount of $12,923.76.

Section 523(a)(5) does not except a debt for a grandchild’s support from discharge merely because the debtor is the grandchild’s guardian.

Raridon v. Carlson (In re Carlson) · filed 2016-01-25(a)(5)

Thus, upon fairly construing what facts are alleged and may be reasonably inferred from this pleading, the complaint cannot be found to plausibly allege that the Carlsons’ granddaughter is their “child” for purposes of Section 523(a)(5).

Section 523(a)(5) excepts domestic support obligations from discharge, and whether a marital settlement obligation is support depends on the parties’ intent when they made the agreement.

Eury v. Eury (In re Eury) · filed 2016-01-29(a)(5)

Accordingly, the Court finds that genuine issues of material fact exist as to whether the obligations are in the nature of alimony, maintenance, or support, and summary judgment is not appropriate.

Section 523(a)(5) prevents discharge of guardian ad litem fees incurred under a legal obligation to support a debtor’s children, even when the fees are owed directly to the guardian.

Wischmeyer v. Bobinski · filed 2015-12-15(a)(5)

That provides further support for the conclusion that, consistent with § 523(a)(5), Mr. Bobinski is not able to discharge Ms. Wischmeyer’s fees in bankruptcy.

Section 523(a)(15) excepts divorce-related attorney fees from discharge when they are payable to a former spouse’s attorneys for the spouse’s benefit.

Kantrowitz, Goldhamer & Graifman, P.C. v. Mason (In re Mason) · filed 2016-02-22(a)(15)

As the debt is payable to Ms. Mason’s attorneys for her benefit, the requirement of 11 U.S.C. § 523(a)(15) that the debt be owed to a former spouse is satisfied.

Sections 523(a)(5) and (a)(15) except attorney fee obligations incurred in a divorce from discharge even when the fees are payable directly to the spouse’s attorneys.

In re Notary · filed 2016-03-15(a)(5), (a)(15)

Taken together, §§ 523(a)(5) & (a)(15) except any obligation “to a spouse, former spouse, or child” of a debtor incurred during a domestic case from a debtor’s bankruptcy discharge. It is of no consequence that an attorney fee award is made payable to, and enforceable by, the spouse or child’s attorneys.

Section 523(a)(5) permits evidence of the parties’ intent to show that a divorce obligation is support, even when the agreement’s language is unambiguous.

Edwards v. Colin (In re Colin) · filed 2016-02-22(a)(5)

In light of this authority it is apparent that the parol evidence rule does not apply in § 523(a)(5) cases.

Section 523(a)(5) excepts domestic support obligations from discharge, including divorce attorney’s fees awarded in the nature of support.

In re Cole · filed 2016-03-24(a)(5)

Therefore, the Court finds that the $50,000 portion of Ms. Cole’s Claim is a domestic support obligation under the language of § 523(a)(5) and is entitled to priority status under § 507(a)(1)(A).

Section 523(a)(5) excepts child support arrears from discharge as a domestic support obligation.

Fox v. Kelly (In re Kelly) · filed 2016-04-01(a)(5)

The Court, therefore concludes that the debt arising from the February 2014 Order is non-discharge-able under § 523(a)(5) as a domestic support obligation.

Section 523(a)(5) excepts domestic support obligations created by a separation agreement from discharge.

Romano v. Romano (In re Romano) · filed 2016-04-08(a)(5)

In conclusion, the Settlement Agreement creates a non-dischargeable domestic support obligation under § 523(a)(5), which includes two sets of payments.

Section 523(a)(5) excepts fees owed to a guardian ad litem for a debtor’s child in a divorce proceeding from discharge as domestic support obligations.

Bush v. Heimer (In re Heimer) · filed 2016-04-22(a)(5)

Attorney fees of child representatives, including a GAL, appointed for a debtor’s children in state court divorce action come within the scope of the Bankruptcy Code’s definition of “domestic support obligations,” and are therefore non-dischargeable pursuant to § 523(a)(5).

Section 523(a)(5) excepts domestic support obligations from a chapter 13 discharge, even when part of the creditor’s claim was disallowed.

State of Missouri v. Spencer · filed 2016-06-13(a)(5)

By operation of § 1328(a)(2), when the debtors received a chapter 13 discharge under § 1328(a), the support arrears debt was excepted from the debtors’ discharge because it was a § 523(a)(5) domestic support obligation.

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

Rosenblum v. Hardesty (In re Hardesty) · filed 2016-06-13(a)(5)

Weighing the four factors, the Court finds that Plaintiff has not met her burden of proving that the mutual intent of the two spouses was for the Indemnity Provision to create an obligation in the nature of alimony, maintenance, and support. The Court finds that the parties unambiguously expressed their clear intent to waive their respective claims for support and maintenance. Other objective factors favor the Court’s conclusion that the Indemnity Provision is not in the nature of alimony, maintenance or support. The Court finds that the Defendant’s obligations under the Property Settlement Agreement are of the nature of those set forth in § 523(a)(15) of the Bankruptcy Code. Accordingly the obligations arising out of the Indemnity Provision are dischargeable under § 1328(a) of the Bankruptcy Code.

Section 523(a)(5) does not except a parent’s debt for a child’s juvenile detention costs from discharge when the detention serves a correctional purpose rather than a domestic support purpose.

Rivera v. Orange County Probation Department (In Re Rivera) · filed 2016-08-10(a)(5)

In short, Rivera’s debt is not a domestic support obligation and thus not excepted from discharge.

Section 523(a)(5) requires both parties to intend a divorce obligation as support for it to qualify as a nondischargeable domestic support obligation.

Edwards v. Colin (In re Colin) · filed 2016-08-16(a)(5)

Even if Edwards did intend to use the obligation to support herself, § 523(a)(5) requires a showing of mutual intent by both parties to characterize the obligation as support.

Section 523(a)(5) excepts domestic support obligations from discharge; divorce attorney’s fees payable directly to counsel can qualify when they are in the nature of support.

in the Interest of H.D v. Jr. and B v. Children · filed 2016-08-26(a)(5)

The trial court could have properly concluded the fee award was a debt in the nature of support under the bankruptcy code. As stated, nothing in the premarital agreement prohibited payment of the fees and they were authorized by the family code. We cannot conclude the trial court abused its discretion in declaring the attorney’s fees to be a domestic support obligation.

Section 523(a) requires an independent determination of whether guardian ad litem fees are a nondischargeable domestic support obligation when a state court’s finding has no preclusive effect.

Skipp v. Brigham (In re Skipp) · filed 2016-09-13(a)

Because I find that collateral es-toppel does not apply, this case is remanded for independent consideration of whether Ms. Skipp’s debt to Ms. Brigham for GAL fees is non-dischargeable as a domestic support obligation under 11 U.S.C. §§ 523(a), 101(14A). Whether the payment is dischargeable as a domestic support obligation is a question of fact for the Bankruptcy Court.

Section 523(a)(5) makes attorney’s fees awarded in a child custody dispute nondischargeable as a domestic support obligation even if the judgment does not expressly call them support.

Doolittle v. Doolittle (In re Doolittle) · filed 2016-09-08(a)(5)

A plain reading of this statute supports the conclusion that a debt under this section need not be expressly designated as alimony, maintenance or support to be considered as a non-dischargeable domestic support obligation. Therefore, the failure of the trial court to define what exactly the debt was for does not impair the classification of the debt as non-dis-chargeable.

Section 523(a)(5) excepts attorneys’ fees incurred for the conservatorship of children from discharge as support obligations.

McCloskey v. McCloskey (In Re McCloskey) · filed 2016-10-31(a)(5)

In sum, the award is non-dischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts domestic support obligations from discharge; a mortgage hold-harmless obligation intended as property division does not qualify as support.

Carter v. Carter (In re Carter) · filed 2017-03-18(a)(5)

In this case, the traditional indicia of support suggest that the state court did not intend to create a support obligation. Accordingly, Alexandra’s obligation to hold Angela harmless on the post-decree monthly mortgage payments is DIS-CHARGEABLE.

Section 523(a)(5) covers domestic support obligations, but a divorce-related property settlement does not become support merely because the divorce decree labels it that way.

Roest v. Roest (In re Roest) · filed 2017-06-14(a)(5)

The court finds no genuine issue of material fact in support of the Defendant’s characterization of the Plaintiffs debt as a domestic support obligation within the meaning of 11 U.S.C. §§ 101(14A) and 523(a)(5). Rather, the Plaintiffs debt to the Defendant under the JOD is in the nature of a divorce-related property settlement, falling under 11 U.S.C. § 523(a)(15), dis-chargeable in a chapter 13 case if she confirms and makes all payments required under the chapter 13 plan.

Section 523(a)(5) makes a divorce-related attorney-fee award nondischargeable when the award is support, even if the debtor’s conduct partly motivated it.

In re Mason · filed 2017-06-27(a)(5)

While it is clear from the state court’s Decision and Order that the court directed the Debtor to pay $50,000 of Ms. Mason’s counsel fees based in part on the Debtor’s conduct, the award does not appear to be a sanction or punitive in nature, but was, rather, as the court specified, “support” consistent with N.Y. Dom. Rel. Law § 237(a) and, therefore, nondis-chargeable under section 523(a)(5).

Section 523(a)(5) excludes domestic support obligations from a Chapter 13 discharge, even when part of the support claim was disallowed, so the discharge injunction does not cover that part.

Missouri Department of Social Services v. Spencer · filed 2017-08-22(a)(5)

A Chapter 13 discharge “does not discharge an individual debtor from any debt . . . for a domestic support obligation.” 11 U.S.C. § 523(a)(5); see § 1328(c)(2). ... Thus, the BAP correctly ruled that the disallowed portion of MDSS’s DSO claim was not subject to the discharge injunction imposed when the bankruptcy court granted the Spencers a discharge.

Section 523(a)(5) makes a debt nondischargeable to the extent it is a domestic support obligation.

Woods v. Woods (In re Woods) · filed 2018-01-25(a)(5)

IT IS FURTHER ORDERED that $31,500 of the $54,500 debt owed by Defendant to Plaintiff is HEREBY NONDISCHARGEABLE under Section 11 U.S.C. § 523(a)(5) because it is a DSO.

Section 523(a)(5) does not except a benefits overpayment from discharge as a domestic support obligation when it was incurred for a debtor's grandchild whom the debtor has no legal duty to support.

In re Muhammad · filed 2018-06-01(a)(5)

The DCF overpayment is not a domestic support obligation under section 523(a)(5) because it was not incurred on behalf of Muhammad's child. The overpayment was discharged.

Section 523(a)(5) excepts from discharge attorney's fees awarded to a former spouse and child for obtaining and defending orders protecting them from abuse when the fees are in the nature of support.

Dumitrache v. New (In re New) · filed 2018-09-04(a)(5)

The Plaintiffs have proven, by a preponderance of the evidence, that the state court judgments for the Fees incurred by the Plaintiffs in seeking and defending the Orders of Protection are in the nature of support pursuant to § 101(14A)(A). Accordingly, the award of $33,507.31 is nondischargeable pursuant to §§ 1328(a)(2) and 523(a)(5).

Section 523(a)(5) prevents discharge of marital debt treated as support; this divorce judgment allowed each spouse to discharge their share of the debt.

Sivils v. Sivils · filed 2018-11-08(a)(5)

And it is true that under federal bankruptcy law, if the division of marital debt is treated as a component of support, the debt would not be dischargeable. ... In this case, however, the divorce judgment does not contemplate that the division of debt would augment the support order. ... As the circuit court ignored clear language in the judgment in determining to make the division of marital debt a nondischargeable duty, we must vacate the court’s order to the contrary.

Section 523(a)(5) excepts domestic support obligations, including attorney’s fees tied to child support, from discharge.

Joanne Doughty v. Douglas · filed 2019-12-17(a)(5)

Bankruptcy Code §523(a)(5) excepts from a debtor’s discharge “any debt . . . for a domestic support obligation.” 11 U.S.C. § 523(a)(5). Because all matters raised in the Debtor’s 2019 Request concerned DSOs, any related debt was not discharged, the discharge injunction did not apply, and the Debtor did not state a plausible claim for relief.

Section 523(a)(5) excepts domestic support obligations from discharge; the party challenging discharge must prove by a preponderance of the evidence that the debt is support rather than a property settlement.

Potts v. Potts · filed 2020-01-29(a)(5)

In this case, however, upon review of the record before it, the Court concludes that Catherine has failed to prove by a preponderance of the evidence that the judicial lien created by the Final Corrected Judgement represents a DSO entitled to both nondischargeability and priority as opposed to a property settlement lien that may normally be discharged in Chapter 13.

Section 523(a)(5) covers a divorce debt when its label and other indicia show that it is a support obligation.

Hauk v. Valdivia · filed 2020-05-22(a)(5)

Based on the foregoing, the Court concludes that under the appropriate analysis based on Sorah, there is no genuine dispute of any material fact, and Plaintiff is entitled to judgment as a matter of law, that all of Defendant’s debt to Plaintiff is a support obligation under 11 U.S.C. §§ 101(14A) and 523(a)(5).

Section 523(a)(5) excepts domestic support obligations from discharge even when a late proof of claim is disallowed.

CARLOS A. DILLON, SR. · filed 2020-07-14(a)(5)

The Claim in the amount of $10,207 is nondischargeable as a DSO. See 11 U.S.C. §§ 523(a)(5), 1328(a)(2), 1328(c)(2).

Section 523(a)(5) excepts domestic support obligations from discharge; a debtor seeking to discharge any portion of a support debt bears the burden of proving that it exceeds what the debtor can reasonably be expected to pay.

David L. Valdivia · filed 2020-07-16(a)(5)

That judgment will determine that (1) Defendant’s entire Debt to Plaintiff, in the amount of the March 25, 2019 State Court judgment for $300,000.00 plus any post-judgment interest under applicable Michigan law, is nondischargeable under 11 U.S.C. § 523(a)(5), as a “domestic support obligation;” and (2) that entire Debt is an allowed claim in Defendant’s bankruptcy case, entitled to priority under 11 U.S.C. § 507(a)(1).

Section 523(a)(5) excepts domestic support obligations from discharge; the debtor bears the burden of proving that an obligation’s amount is unreasonable in light of the debtor’s financial circumstances.

Hauk v. Valdivia · filed 2020-07-16(a)(5)

That judgment will determine that (1) Defendant’s entire Debt to Plaintiff, in the amount of the March 25, 2019 State Court judgment for $300,000.00 plus any post-judgment interest under applicable Michigan law, is nondischargeable under 11 U.S.C. § 523(a)(5), as a “domestic support obligation;” and (2) that entire Debt is an allowed claim in Defendant’s bankruptcy case, entitled to priority under 11 U.S.C. § 507(a)(1).

Section 523(a)(5) does not except a debt from discharge when the obligation was not intended as support and is not a domestic support obligation.

Welch v. Welch · filed 2020-07-28(a)(5)

The Court concludes that neither the parties (at the time they entered into the Contract), the Divorce Court nor the Plenary Court intended Danny's agreement to pay the parties' mortgage to be "in the nature of support", and the Divorce Court's explicit determination that the Contract was outside the scope of the Divorce Action is dispositive. Therefore, the Debt is not a DSO as defined in § 101(14A) and is not excepted from discharge pursuant to § 523(a)(5).

Section 523(a)(5) excepts a debt from discharge when it functions as support, regardless of the label state law gives it.

In re: Rickie Lee Siegfried · filed 2020-08-03(a)(5)

Notably, the way state law labels a debt isn’t controlling when the function of debt is support.

Section 523(a)(5) can except a divorce attorney fee award from discharge when the award is in the nature of spousal support.

In re: Raymond Henry Voss, III · filed 2020-07-30(a)(5)

An attorney fees award in a marital dissolution proceeding may qualify as a domestic support obligation for purposes of §§ 101(14A) and 523(a)(5).

Section 523(a)(5) and (a)(15) make certain support and divorce-related obligations nondischargeable, but do not exempt property received through divorce or support.

Celeste G. Broughton · filed 2020-08-31(a)(5), (a)(15)

The Bankruptcy Code does contain provisions stating that certain types of domestic support obligations or obligations incurred in connection with a divorce are not dischargeable. See 11 U.S.C. § 523(a)(5), (a)(15). However, these have no impact on the exemptions that a debtor can claim in any property received as a result of a divorce settlement or another’s obligation to pay domestic support to the debtor.

Section 523(a)(5) excepts domestic support obligations from discharge; a property settlement that is not in the nature of alimony, maintenance, or support does not qualify.

Davidson v. Havard · filed 2020-11-12(a)(5)

For the foregoing reasons, this Court finds that the debt underlying Davidson’s claim is a property settlement and not a debt in the nature of alimony, maintenance, or support, and thus cannot qualify as a domestic support obligation. Davidson’s claim holds general unsecured status rather than priority unsecured status under 11 USC § 507(a)(1)(A) and cannot be exempted from discharge under 11 USC § 523(a)(5).

Section 523(a)(5) excepts domestic support obligations from discharge, but a property settlement is not a domestic support obligation.

Ginger Leigh Havard · filed 2020-11-13(a)(5)

Davidson’s claim holds general unsecured status rather than priority unsecured status under 11 USC § 507(a)(1)(A) and cannot be exempted from discharge under 11 USC § 523(a)(5).

Section 523(a)(5) excepts from discharge attorney fee awards related to child support, visitation, or custody when they serve the children’s welfare.

Carpenter v. Amos · filed 2021-02-01(a)(5)

Upon our de novo review we identify no error in the conclusion that the attorney fees imposed on Amos by the state court are domestic support obligations under the bankruptcy code and are therefore not dischargeable pursuant to 11 U.S.C. §523(a)(5).

Section 523(a)(5) makes a domestic support obligation nondischargeable, and a debtor cannot relitigate that status after a prior final judgment.

Jevon Richard Piccard · filed 2021-03-24(a)(5)

As such, this $22,387.10 claim is entitled to nondischargeable status under Section 523(a)(5), which in turn entitles such to priority status under Section 507(a)(1).

Section 523(a)(5) excepts domestic support obligations from discharge; a spouse’s obligation can remain collectible from community property after the other spouse’s discharge.

Levandowski v. DiPasquale · filed 2021-03-12(a)(5)

For all of these reasons, the bankruptcy court did not err in holding that the stipulated judgment is nondischargeable as to Ms. Levandowski under § 523(a) of the Bankruptcy Code.

Section 523(a)(5) makes a domestic support obligation nondischargeable; a debtor seeking discharge on financial grounds bears the burden of proving the obligation exceeds the debtor’s ability to pay.

Valdivia · filed 2021-05-13(a)(5)

Once that determination is made, the burden shifted to the debtor to prove that the debt “is unreasonable in light of [his] financial circumstances.” In re Sorah, 163 F.3d 401. To prevail, he had to convince the bankruptcy court that the amount of the debt exceeds his present and future ability to pay it. ... The record shows that the bankruptcy court reasonably found that he failed to sustain his case with sufficient credible evidence.

Section 523(a)(5) excepts a domestic support obligation from discharge when the claimant proves the debt meets the statutory requirements for such an obligation.

Hornback v. Topcik · filed 2021-06-16(a)(5)

Here, to succeed on his claim that the debt incurred was nondischargeable as a domestic support obligation under § 523(a)(5), Hornback had to prove the that the debt was (1) owed to or recoverable by a spouse or former spouse, (2) in the nature of alimony, maintenance, or support of such spouse or former spouse, (3) established prior to the bankruptcy filing by a separation agreement, divorce decree, property settlement agreement, an order of the court, or some other determination made in accordance with applicable nonbankruptcy law by a governmental unit, and (4) not assigned other than for collection purposes.

Section 523(a)(5) excepts attorney’s fees and costs awarded in child custody litigation from discharge when they are in the nature of support for the debtor’s child.

Simpson v. Carter · filed 2021-06-23(a)(5)

Accordingly, Plaintiff is entitled to default judgment on his claim that the $18,844.30 awarded by the state court in connection with the child custody litigation is nondischargeable pursuant to section 523(a)(5).

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

BISBING VS. GLENN R. BISBING, III (FM-19-0324-14, SUSSEX COUNTY AND STATEWIDE) · filed 2021-07-07(a)(5)

We conclude that the court properly determined the counsel fee award here to be non-dischargeable under Section 5, as it was a domestic support obligation and was "in the nature of support."

Section 523(a)(5) excepts domestic support obligations from discharge; a divorce award dividing marital assets falls outside that exception.

Charles Dallas Hunsucker · filed 2021-08-03(a)(5)

In a chapter 13 case, § 523(a)(15) debts are dischargeable, while § 523(a)(5) domestic support obligations are not.

Section 523(a)(5) excepts a divorce attorney fee award from discharge when the award was intended as support.

Curtis v. Curtis · filed 2021-08-30(a)(5)

Based on the record reviewed and analyzed above, this Court concludes the state court intended the obligation created by the $20,000.00 attorney fee award to be in the nature of alimony, maintenance or support.

Section 523(a)(5) excepts child custody attorney fees and costs from discharge when the award benefits the child and is in the nature of support.

Dickson v. Abrams, Jr. · filed 2021-09-30(a)(5)

The supplemental judgment represents a domestic support obligation and is not dischargeable based on § 1328(a) and § 523(a)(5).

Section 523(a)(5) excepts domestic support obligations from discharge only when the support is owed to a spouse, former spouse, or child.

Harshaw v. Harshaw · filed 2022-02-23(a)(5)

The closest ex‐ ception here is § 523(a)(5), which prohibits discharge for awards of domestic support, but only such support that goes to the debtor’s spouse, former spouse, or child. The parties stipulated in the bankruptcy court that the arbitration award was not a domestic support obligation for purposes of § 523(a)(5), and for good reason; as a non‐spouse, Anne does not meet the statutory requirements under the facts identified by the arbitrator.

Section 523(a)(5) excepts domestic support obligations from discharge, while § 523(a)(15) excepts equitable distribution awards owed to a former spouse from discharge.

Kanwaldeep Singh Kalsi · filed 2022-03-03(a)(5), (a)(15)

The Court finds that the Domestic Support Awards are “domestic support obligations” as defined in section 101(14A) of the Bankruptcy Code and are excepted from discharge under section 523(a)(5). ... The Court finds and concludes that these Equitable Distribution Awards are excepted from discharge under section 523(a)(15) of the Bankruptcy Code.

Section 523(a)(5) excepts a debt from discharge when the obligation is in the nature of domestic support, including a debt assumed to help a former spouse and child remain in the family home.

Erlandson v. Erlandson, II · filed 2022-03-28(a)(5)

The Court concludes the debt is nondischargeable as a domestic support obligation under 11 U.S.C § 523(a)(5).

A state court default judgment does not conclusively establish whether a divorce debt is a domestic support obligation under § 523(a)(5); the bankruptcy court must determine the debt’s nature.

Javier Lopez · filed 2022-04-19(a)(5)

The Default Judgment is not entitled to claim preclusive effect to establish ... the nature of the debts because it is not apparent from the Default Judgment that the state court specifically applied the factors necessary to determine whether an obligation is, in fact, in the nature of support, constituting a DSO under § 523(a)(5).

Section 523(a)(5) excepts domestic support obligations from discharge, but a claimant must prove by a preponderance of the evidence that the debtor owes such an obligation.

Esther Elizabeth Collins · filed 2022-07-13(a)(5)

Domestic support obligations are excepted from discharge under 11 U.S.C. §523(a)(5). ... In considering the evidence presented, the Court finds the Movant failed to prove by a preponderance of the evidence that he has a domestic support obligation against to the Respondent.

A business debt did not qualify as a domestic support obligation under § 523(a)(5) on the pleaded facts.

Bailey v. Bailey · filed 2022-09-26(a)(5)

For these reasons, and regardless of any finding by the state court that the business supported the parties during the marriage, Plaintiff has failed to a state claim that the Business Debt should be excepted from Debtor’s discharge as a domestic support obligation under § 523(a)(5). This claim is dismissed.

Section 523(a)(5) automatically excepts a domestic support obligation from discharge without requiring a court ruling.

Rannick v. Santos · filed 2022-09-26(a)(5)

When a debtor conclusively admits that a DSO satisfies Section 101(14A), Section 523(a)(5) operates automatically to make that debt nondischargeable, without the need for any judicial ruling that Section 523(a)(5) applies.

Section 523(a)(5) may except legal fees from discharge when they are domestic support obligations; a debtor cannot obtain summary judgment when the record does not rule out that characterization.

Malakatas v. Smikle · filed 2022-12-09(a)(5)

The Second Circuit has advised courts to construe Section 523(a)(5) broadly and Congress expanded the scope of what may constitute a DSO under the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) amendments. The Summary Judgment record is simply inadequate to determine that the debts at issue here cannot be characterized as a DSO as a matter of law. Thus, Defendant cannot prevail on Summary Judgment.

Section 523(a)(5) excepts a debt from discharge when it is structured as support for a former spouse, even if payment is made to a trust.

Hundt v. Ventrone · filed 2023-01-31(a)(5)

Obligations payable to entities other than a debtor’s spouse are nonetheless considered ‘owed’ to a former spouse for the purposes of Section 523(a)(5) where the obligation is structured and designed in the nature of that spouse’s and/or their children’s support for purposes of the Bankruptcy Code.

Section 523(a)(5) excepts a divorce debt from discharge when the parties intended the obligation as support and it functioned as support, including by freeing a former spouse’s income for housing and living expenses.

Johnson v. Barber · filed 2023-03-22(a)(5)

Accordingly, the Court concludes that the Divorce Debts are domestic support obligations under § 101(14A), and the Debtor’s obligation to pay and indemnify the Plaintiff as to the Credit Card Debts is therefore nondischargeable under § 523(a)(5).

Attorney fees awarded in a child custody dispute can be nondischargeable as domestic support under § 523(a)(5).

Smith v. Sanford · filed 2023-06-26(a)(5)

Therefore, the Court will enter judgment in favor of Defendant finding that the debt at issue is nondischargeable under § 523(a)(5).

Section 523(a)(5) identifies domestic support obligations, which remain excepted from discharge after completion of a Chapter 13 plan.

Joseph G Sorbello · filed 2023-07-19(a)(5)

Here, the Divorce Judgment specifically provides: “pursuant to the terms of the in-Court Stipulation dated November 24, 2004, and as more specifically set forth therein, each party waives any past, present or future spousal maintenance from the other party.” Accordingly, the debt at issue is not a domestic support obligation and would be dischargeable upon completion of a chapter 13 plan.

Section 523(a)(5) excepts guardian ad litem fees incurred to represent a child in a custody dispute from discharge as domestic support obligations, even when the fees are owed directly to the guardian ad litem.

Hagemann v. Durkin · filed 2023-12-20(a)(5)

Plaintiffs fees are a domestic support obligation and, as such, are excepted from discharge under § 523(a)(5).

Section 523(a)(5) can make a support debt nondischargeable even when a court outside the divorce case established it.

Pitt v. Darrell · filed 2024-04-15(a)(5)

The Debt did not arise from a court order dissolving the Parties’ marriage, but the statute does not mandate that a debt be decreed by a divorce court to be a domestic support obligation.

Section 523(a)(5) excepts from discharge divorce-related attorneys’ fees that qualify as domestic support obligations.

Akmal H. Sadikov · filed 2024-03-11(a)(5)

Therefore, the attorneys’ fees in the amount of $17,500 (not $17,000) are non-dischargeable domestic support obligations under section 523(a)(5).

Section 523(a)(5) excepts domestic support obligations from discharge, including attorney’s fee awards arising from litigation that affects children’s welfare when the awards are in the nature of support.

Todd Armstrong · filed 2024-03-18(a)(5)

Domestic support obligations are nondischargeable in bankruptcy and are entitled to priority treatment. ... Accordingly, the Court finds that these awards are in the nature of support and are domestic support obligations.

Section 523(a)(5) excepts a debt from discharge when an obligation assigned in a divorce agreement was intended as support.

Richard L. Komprood, Jr. · filed 2024-06-04(a)(5)

These facts, coupled with the language of the agreement, make clear the allocation of the HELOC was intended to be and is a nondischargeable DSO under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts domestic support obligations from discharge.

Keils v. Villarreal · filed 2024-11-08(a)(5)

As such, the Court finds that the debt owed to Ms. Keils pursuant to the Decree of Divorce and the Contempt Order related thereto are nondischargeable in all respects pursuant to 11 U.S.C. § 523(a)(5).

Section 523(a)(5) does not require a domestic support order entered before bankruptcy for a support debt to be excepted from discharge.

Stewart v. Warren · filed 2025-03-04(a)(5)

There is no requirement that any pre-petition domestic support order be entered for a debt to be held nondischargeable under §523(a)(5).

Section 523(a)(5) excepts a divorce debt from discharge when the debt qualifies as a domestic support obligation.

Simmons v. Simmons · filed 2025-06-09(a)(5)

Plaintiff, Julie Simmons, has successfully shown that Defendant, Mark E. Simmons’s unpaid balance of $117,838.73 under the Owelty Note dated November 19, 2019, in the original principal amount of $290,000.00 made by Defendant, Mark Edward Simmons, as Maker, to Plaintiff, as Payee, is nondischargeable to Plaintiff as a domestic support obligation under 11 U.S.C. § 523(a)(5).

Section 523(a)(5) excepts divorce counsel fees from discharge when they are in the nature of support, even if the debtor must pay the attorney directly.

Abramson v. Wilson · filed 2025-07-08(a)(5)

The Court concludes that the debt owed to Abramson pursuant to the Fee Order is a debt for a domestic support obligation within the meaning of 11 U.S.C. § 523(a)(5) and is therefore excepted from discharge.

Section 523(a)(5) and (a)(15) except a divorce-related attorney-fee award from discharge when the debt is owed to a former spouse, even if payment goes directly to the spouse’s lawyer.

Fabrizio Law Firm, c/o Alexandra L. Condon v. Donnelly · filed 2025-07-18(a)(5), (a)(15)

Fabrizio’s motion for summary judgment (AP Docket No. 15) is GRANTED and the Fee Award is determined to be non-dischargeable under § 523(a)(5) and (a)(15).

Section 523(a)(5) automatically excepts child support claims from discharge without requiring the creditor to file a complaint.

Hanif-Salahudin Cotton · filed 2025-10-16(a)(5)

However, pursuant to 11 U.S.C. § 523(a)(5), claims for child support are excepted from the discharge. The Section 523(a)(5) exception works automatically, without the necessity of the creditor filing a complaint.

Section 523(a)(5) makes a domestic support obligation nondischargeable regardless of how the debt arose.

Timothy Bagley · filed 2025-10-29(a)(5)

Not only is there no such language contained in § 101(14A), but § 523(a)(5) renders a debt for a DSO nondischargeable regardless of how it arose.

Section 523(a)(5) excepts domestic support obligations from discharge; a divorce-related claim that is not a domestic support obligation does not qualify.

Charles A. Pasco · filed 2025-12-09(a)(5)

The claim of Ms. Pasco is not a domestic support obligation under 11 U.S.C. §523(a)(5).

Section 523(a)(5) excepts domestic support obligations from discharge; a reduced maintenance award alone does not turn a property distribution into support.

Steven K. Bailey · filed 2026-02-02(a)(5)

However, a reduced support obligation alone does not convert property distribution into a support obligation.

Section 523(a)(5) requires a federal-law determination of whether a divorce-related debt is support; an unexplained state-court label does not settle that question.

Koziol · filed 2026-03-30(a)(5)

Without an independent record to reflect the basis upon which the state court determined the nature of the obligation, this Court may undertake de novo the issue of determination of dischargeability of the Debtor’s debt obligations.