11 U.S.C. § 523

Section 523(a)(15) requires a creditor to bring an adversary proceeding to establish that marital obligations other than support are nondischargeable.

Rife v. Rife (In Re Rife) · filed 2006-05-11(a)(15)

The Plaintiff had the full opportunity to file an adversary proceeding in this Court to determine that other obligations arising out of the marriage were non-dischargeable pursuant to 11 U.S.C. § 523(a)(15). She failed to do so. Accordingly, it is clear that any such obligations were discharged.

Under the pre-2005 version of § 523(a)(15), a divorce-related debt is discharged if the creditor fails to file a timely complaint to determine dischargeability.

In Re Skeen · filed 2006-08-11(a)(15)

In the present case, any § 523(a)(15) claims were discharged as a result of Ms. Parks’ failure to file a timely complaint in the Debtor’s bankruptcy case.

Section 523(a)(15) applies to domestic relations obligations only if the rights or obligations constitute a debt.

Coffey v. Coffey (In Re Coffey) · filed 2006-08-21(a)(15)

Section 523(a)(15) can have no application unless it is first determined that the rights or obligations in question constitute a “debt.”

Section 523(a)(15) covers an employment contract debt intended to equalize the division of marital property as part of a divorce settlement.

Wiseman v. Wiseman (In Re Wiseman) · filed 2006-09-29(a)(15)

The court finds, as well, that the plaintiff met her burden of establishing that the obligations under the Contract were intended by the parties to be part of the Settlement Agreement and to be paid pursuant to paragraph 4(a) of the Settlement Agreement. Consequently, it determines that the Contract debt was “incurred by the debtor in the course of a divorce ... or in connection with a separation agreement [and] divorce decree,” as § 523(a)(15) provides.

Section 523(a)(15) excepts from discharge a debtor’s obligation under a separation agreement to hold a former spouse harmless on debt, even when the underlying charges were incurred after divorce.

Schweitzer v. Schweitzer (In Re Schweitzer) · filed 2007-06-04(a)(15)

Because Deborah’s obligation to hold Vincent harmless on the Chase credit card obligation arose directly from the stated terms of the Separation Agreement, it is a debt incurred in connection with a separation agreement and is excepted from discharge by § 523(a)(15).

Section 523(a)(15) makes debts assigned to a debtor in a divorce decree nondischargeable in Chapter 7 even when they are not domestic support obligations.

Douglas v. Douglas (In Re Douglas) · filed 2007-06-05(a)(15)

The plain language of the statute provides that all debts which do not qualify as domestic support obligations are also ñoñ-dischargeable. In this case, it is stipulated that the joint debts of Plaintiff and Debtor were ordered to be paid by Debtor in a divorce decree, and accordingly, the debts are nondischargeable.

Section 523(a)(15) excepts divorce-related property settlement debts from discharge in cases commenced after October 17, 2005, without the former balancing tests.

In Re Dumontier · filed 2008-06-13(a)(15)

The requirement for an adversary proceeding under § 523(c), and the balancing tests in former § 523(a)(15) were deleted. For cases commenced after October 17, 2005, if a debt is not a domestic support obligation, but was “incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement,” it is excepted from discharge.

Section 523(a)(15) makes an enforceable divorce decree obligation to pay a third-party marital debt nondischargeable even without a hold-harmless provision.

Burckhalter v. Burckhalter (In Re Burckhalter) · filed 2008-06-23(a)(15)

Regardless of whether the obligation is to pay money directly to Plaintiff or to Capital One, she is the intended beneficiary of that obligation and the obligation is fully enforceable by the Domestic Court. The Divorce Decree does create a “debt” to the Plaintiff as that term is used in 11 U.S.C. § 523(a)(15).

Section 523(a)(4) excepts debts for fiduciary fraud, embezzlement, or fiduciary defalcation from discharge, and § 523(a)(5) excepts debts in the nature of alimony, maintenance, or support.

Gantt v. Gantt (In Re Gantt) · filed 2008-07-02(a)(4), (a)(5)

Accordingly, we affirm the district court’s holding that the $245,000 judgment awarded to Carol in the 1996 divorce proceeding, together with post- judgment interest at 6.197% per annum until paid, constitutes a debt “for fraud...while acting in a fiduciary capacity”; a debt “for...embezzlement”; and a debt “for...defalcation while acting in a fiduciary capacity,” and therefore is non- dischargeable under 11 U.S.C. § 523(a)(4); and the $522,990.58 awarded to Carol in the 1996 divorce proceeding for division of property, together with post- judgment interest of 6.197% per annum until paid, is “in the nature of alimony, maintenance, or support” and therefore is non-dischargeable under 11 U.S.C. § 523(a)(5).

Section 523(a)(15) excepts from discharge debts owed to a former spouse under judgments enforcing a divorce decree, including related attorney’s fees.

Gilman v. Golio (In Re Golio) · filed 2008-08-14(a)(15)

Accordingly, the Plaintiff has satisfied the requirement under 11 U.S.C. § 523(a)(15) that the obligations incurred by the Debtor to Plaintiff under the non-child support portion of the $861,924.94 Judgment and the $183,458.55 Judgment are owing to a former spouse and were clearly incurred in connection with the parties’ divorce.

Section 523(a)(15) makes a debtor's divorce-decree obligation to hold a former spouse harmless on joint debts nondischargeable even when the underlying debts are payable to third parties.

Damschroeder v. Williams (In Re Williams) · filed 2008-08-22(a)(15)

Together, this evidence, even when viewed in light most favorable to the Defendant, can only be construed one way: As applied to the first and third elements of § 523(a)(15), those obligations listed herein as (a) through (j) constitute debts owed to a former spouse that were incurred through a divorce decree. The fact, as the Defendant put forth, that the underlying debts are not owed directly to the Plaintiff, but rather to third parties, does not compel a different result.

Section 523(a)(15) excepts obligations to a spouse arising from a divorce decree, including a promise to hold the spouse harmless on a debt, from bankruptcy discharge.

Marriage of Fast v. Fast · filed 2009-05-05(a)(15)

The current version of section 523(a)(15) of the bankruptcy code specifies that obligations to a spouse resulting from separation agreements and dissolution judgments are not dischargeable.

Section 523(a)(15) makes debts arising from a divorce decree nondischargeable and gives the bankruptcy court no discretion to discharge them for financial hardship.

Blackburn v. Blackburn · filed 2009-09-14(a)(15)

Counsel fails to recognize that the change in § 523(a)(15) eliminates the discretion of the Court.

Section 523(a)(15) excepts a divorce-related attorney fee award from discharge when the debt is owed to a former spouse, even if payment is directed to the spouse’s law firm.

Clair, Griefer LLP v. Prensky (In Re Prensky) · filed 2009-11-02(a)(15)

The debt is owed to Ms. Prensky but payment was ordered to be made directly to her law firm in three equal installments. Inasmuch as state law gives Ms. Prensky the right to enforce the award of attorneys’ fees in the Order, and that such the entitlement “gives rise to a right to payment,” the debt must be considered a claim incurred in the course of a divorce and, as such, is non-dischargeable.

Section 523(a)(15) excepts from discharge a debt to a former spouse incurred in connection with a divorce decree.

Marriage of Hurt v. Hurt · filed 2010-01-26(a)(15)

We note that the decision by the bankruptcy judge and subsequent payment of $1,690.86 by Husband to Wife did not discharge Husband's debt. Pursuant to federal bankruptcy law, "[a bankruptcy] discharge ... does not discharge an individual debtor from any debt ... (15) to a spouse, former spouse, or child of the debtor ... incurred by the debtor ... in connection with a separation agreement, divorce decree or other order of a court...." 11 U.S.C. § 523(a)(15).

Section 523(a)(15) excepts a debtor’s obligation to a former spouse under a separation agreement to pay a marital debt from discharge, even when payment is due to a third party and the agreement lacks an indemnification provision.

Wodark v. Wodark (In Re Wodark) · filed 2010-03-22(a)(15)

Nothing in § 523(a)(15) addresses the presence or absence of indemnification provisions. ... What has been excepted from Glennette’s discharge is her obligation to Thaddeus to pay the Chase debt for his benefit. Because she incurred that debt in connection with a separation agreement, it is excepted from her discharge under § 523(a)(15) even though her direct obligation to Chase has been discharged.

Section 523(a)(15) makes a debt incurred in a divorce under a marital settlement agreement nondischargeable even if it is not a support obligation.

Ginzl v. Ginzl (In Re Ginzl) · filed 2010-06-29(a)(15)

Plaintiff has not established the lump sum distribution constitutes alimony or a domestic support obligation or is in the nature of support pursuant to Section 523(a)(5). The lump sum distribution obligation was incurred by the Debtor in the course of the parties’ divorce and in connection with the MSA. The lump sum distribution balance of $25,000.00 due and owing to Plaintiff constitutes a nondis-chargeable debt by operation of law pursuant to Section 523(a)(15).

Section 523(a)(15) excepts a debt to a former spouse from discharge when it arises from the parties’ divorce.

Floody v. Kearney (In Re Kearney) · filed 2010-06-24(a)(15)

In sum, the Court finds that the $10,000.00 debt that the Defendant owes to Plaintiff is a nondischargeable debt under § 523(a)(15) because it arose out of the parties’ divorce. Furthermore, the Court finds that collateral estoppel applies because the Georgia court necessarily adjudicated the question of whether the debt arises out of the parties’ divorce in the prior contempt proceedings.

Section 523(a)(15) excepts from a Chapter 7 discharge a debt to a spouse incurred in connection with a divorce or court order if the debt is not a domestic support obligation.

Mapley v. Mapley (In Re Mapley) · filed 2010-09-12(a)(15)

Section 523(a)(15) clearly applies here if § 523(a)(5) does not (ie., if the debt is not a “domestic support obligation,”) because the debt alleged in Plaintiffs complaint clearly is a debt to “a spouse, ... that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree, or other order of a court of record.” 11 U.S.C. § 523(a)(15).

Section 523(a)(15) excepts qualifying debts owed to a former spouse under a divorce decree from discharge.

Posey v. Kinkaid (In Re Kinkaid) · filed 2011-02-18(a)(15)

In summary, Debtor still owes Plaintiff $78,400 pursuant to the Divorce Decree. This amount is nondischargeable pursuant to 11 U.S.C. § 523(a)(15).

Section 523(a)(15) excepts a divorce decree obligation to pay a debt owed to a third party from Chapter 7 discharge when the obligation is also owed to a former spouse, even without a hold harmless clause.

Howard v. Howard · filed 2011-04-21(a)(15)

But the divorce decree also establishes a separate obligation to Sondra that Shane make payments on this loan as part of the division of marital property and debts even though there is no hold harmless provision. While the creditor presumably accepted Shane's obligation to it under the car loan had been discharged in bankruptcy, [31] Shane's obligation to Sondra under the divorce decree to make the payments to the creditor was excepted from discharge under 11 U.S.C. § 523(a)(15) because this constitutes a debt to a former spouse under a divorce decree.

Section 523(a)(15) can except a debt to a former spouse for overpaid spousal support from discharge when it arose in connection with a divorce decree; the former spouse need not be dependent.

Taylor v. Taylor (In Re Taylor) · filed 2011-05-05(a)(15)

Defendant’s construction of the statute requires the Court to read the word “dependent” into the statute, such that a debt is non-dischargeable under 11 U.S.C. § 523(a)(15) only when the former creditor-spouse is also a dependent spouse. The plain language of 11 U.S.C. § 523(a)(15) is not so limited.

Section 523(a)(15) does not except a joint bank loan from discharge as a debt to a former spouse when the debtor has no obligation to pay that spouse on account of the loan.

Mayes v. Mayes (In Re Mayes) · filed 2011-07-26(a)(15)

The Plaintiff does not have a judgment against the Debtor requiring him to pay contribution to her on account of the Loan nor does the Plaintiff present any documentation that would indicate that the Debtor has agreed to pay the Plaintiff on account of the Loan. Accordingly, the Court finds the Loan is not owed to the Plaintiff and thus, fails to satisfy the first requirement of § 523(a)(15). Since all requirements must be satisfied in order to obtain relief under § 523(a)(15) the Court finds that the Plaintiff is not entitled to have the Loan declared nondischargeable under § 523(a)(15).

Section 523(a)(15) can except a divorce-related debt from discharge when a decree assigns payment to one spouse, even without a hold harmless clause.

Hebel v. Georgi (In Re Georgi) · filed 2011-11-14(a)(15)

Section 523(a)(15) only applies to a debt to a spouse. This Court holds that a debt to a spouse and one recoverable by a spouse in the context of divorce related obligations is a distinction without a difference, and they mean the same thing.

Section 523(a)(15) excepts from discharge a debtor’s divorce obligation to pay a third party, including children’s private school tuition.

In Re: Peter Hollington V. · filed 2011-11-17(a)(15)

In issuing its July 30, 2010, decision, the bankruptcy court relied in part on Gibson v. Gibson (In re Gibson), 219 B.R. 195 (B.A.P. 6th Cir. 1998) in which the Bankruptcy Appellate Panel of the Sixth Circuit concluded that a debtor’s obligation to pay existing third-party obligations under an Ohio divorce decree was a debt incurred by the debtor in connection with the divorce decree and, therefore, non-dischargeable. Although Gibson was decided prior to enactment of BAPCPA, it is still good law and its holding is controlling as to the issue in this case.

Section 523(a)(5) excepts domestic support obligations from discharge, while § 523(a)(15) excepts certain divorce-related debts owed to a former spouse even when they are not support.

Comstock v. Rodriguez (In Re Rodriguez) · filed 2012-01-20(a)(5), (a)(15)

Based on the foregoing, the Court concludes that Defendant is entitled to summary judgment determining that Defendant’s obligation relating to the division of retirement accounts that ultimately resulted in the entry of the Enforcement Order giving rise to the debt at issue in this adversary proceeding does not constitute a domestic support obligation within the meaning of 11 U.S.C. § 523(a)(5). The obligation is, however, a non-dischargeable debt under 11 U.S.C. § 523(a)(15).

Section 523(a)(15) makes a non-support debt owed to a former spouse under a divorce decree nondischargeable.

Fisher v. Santry (In re Santry) · filed 2012-09-04(a)(15)

The debt is a non-support debt owed to Plaintiff incurred pursuant to a divorce decree. Under 11 U.S.C. § 523(a)(15), such a debt is non-dischargeable.

Section 523(a)(15) excepts qualifying non-support divorce debts from discharge even when the creditor spouse is not dependent.

Taylor v. Taylor (In re Taylor) · filed 2012-09-05(a)(15)

Likewise, the bankruptcy court correctly interpreted § 523(a)(15) as not requiring the creditor-spouse to be the dependent spouse.

Sections 523(a)(5) and (a)(15) make a debtor’s marital settlement obligation to indemnify a former spouse nondischargeable, but do not make the debtor’s direct debts to third-party creditors nondischargeable.

Reinhardt v. Reinhardt (In re Reinhardt) · filed 2012-10-01(a)(5), (a)(15)

Sections 523(a)(5) and (15) except from discharge only those obligations owed “to a spouse, former spouse, or child of the debtor.” ... The Debtor’s obligation to indemnify the wife with respect to certain third-party marital debts is nondischargeable. However the actual obligations owed to these third-party creditors by the Debtor is dis-chargeable.

Section 523(a)(15) automatically excepts from Chapter 7 discharge a divorce decree obligation to a former spouse, even when payment is directed to a third party.

In re Mason · filed 2012-11-28(a)(15)

Robin’s obligation under the divorce decree to pay 50% of Martin’s 2006 federal income taxes was automatically non-dischargeable because it was a debt under 11 U.S.C. § 523(a)(15).

Section 523(a)(15) makes a debt assigned in a divorce decree nondischargeable when payment to a third-party creditor benefits the former spouse.

Henderson v. Henderson · filed 2012-12-26(a)(15)

Notably, the fact that the obligation is payable to U.S. Bank and not Wife does not remove the debts from the scope of Section 523(a)(15).

Section 523(a)(15) covers divorce obligations other than domestic support obligations; those obligations are dischargeable after completion of a Chapter 13 plan.

Steele v. Heard · filed 2013-02-04(a)(15)

Under the circumstances, and upon de novo review, the Court affirms the Bankruptcy Court’s determination that Heard’s obligation to pay a portion of his pension benefits to Steele was not a domestic support obligation under § 528(a)(5), but was rather in the nature of a property settlement under § 523(a)(15), such that it is dischargeable in bankruptcy upon completion of his Chapter 13 plan.

Section 523(a)(15) can cover a premarital loan when the state court treats it as part of the divorce proceedings.

Kinkade v. Kinkade (In Re Kinkade) · filed 2013-02-06(a)(15)

Section 523(a)(15) leaves it to the state court to decide whether a property right is properly addressed in divorce proceedings, or as a separate contractual claim. Only after the state court has made that determination can Section 523(a)(15) have any effect. Here, the Louisiana court determined that the Debt, including the first $23,675.50 Porter loaned to Kinkade, was more than a mere contractual obligation unrelated to the marriage.

Section 523(a)(15) excepts divorce-related debts owed to a former spouse from discharge, including hold-harmless and court-ordered payment obligations, while debts owed directly to a lender remain dischargeable.

Dittenber v. Brown (In re Brown) · filed 2013-03-14(a)(15)

Therefore, while the marital home payment obligation to the lender is dischargeable, Debtor’s obligation to hold Plaintiff harmless from these payments is not dischargeable. ... Plaintiff has therefore established (1) a debt is owed to a former spouse, and (2) such debt was “incurred in connection with [an] ... other order of a court of record” and in the course of a divorce. Therefore, this debt is nondischargeable under 11 U.S.C. § 523(a)(15).

Section 523(a)(15) excepts qualifying divorce obligations owed to a former spouse from discharge.

Jacobs v. Jaeger-Jacobs (In re Jaeger-Jacobs) · filed 2013-04-10(a)(15)

For these reasons, it is the decision of this Court that the debtor’s obligations to the plaintiff meet the necessary elements for exception to discharge of her obligation to her former husband under section 523(a)(15).

Section 523(a)(15) excepts from discharge an obligation to hold a former spouse harmless on a debt allocated by a divorce decree, even when the debt is payable to a third party and the decree lacks an express hold harmless clause.

St. Martin v. St. Martin · filed 2013-04-09(a)(15)

Accordingly, the provision of the divorce decree incorporating the property settlement agreement’s allocation of the second mortgage debt to plaintiff, and which directed the parties to comply with the terms of the agreement as if such terms were set forth in their entirety in the divorce decree, renders that debt non-dischargeable under section 523 (a) (15), even though Bank of America could not invoke the discharge exception itself.

A creditor’s actions in a Chapter 11 plan do not discharge divorce debts protected by § 523(a)(5) and (a)(15).

De Boer v. Talsma (In re Talsma) · filed 2013-08-05(a)(5), (a)(15)

This court agrees that such debts are not dischargeable under any circumstances, regardless of a creditor’s actions.

Section 523(a)(15) excepts from discharge a debt to a former spouse arising in connection with a divorce decree, including a judgment to repay overpaid spousal support.

Taylor v. Taylor · filed 2013-12-09(a)(15)

Pursuant to § 523(a)(15)’s plain and unambiguous language, the overpayment debt qualifies as a nondischargeable debt: the debt arose as a result of a judgment against a spouse, Eloisa, in favor of her former spouse, Matthew, by the Virginia circuit court “in connection with a separation agreement [or] divorce decree.” 11 U.S.C. § 523(a)(15).

Section 523(a)(5) excepts domestic support obligations from discharge, and § 523(a)(15) excepts other debts to a former spouse incurred through divorce or separation.

Hicks v. Azim · filed 2014-01-15(a)(5), (a)(15)

In this case, each of the debts is either a domestic support obligation excepted from discharge under 11 U.S.C. § 523(a)(5), or, if not a domestic support obligation, then it is by default excepted from the discharge under 11 U.S.C. § 523(a)(15).

Section 523(a)(15) does not make a preexisting joint debt nondischargeable merely because a divorce agreement restates the former spouses’ obligations to pay it.

Sherman v. Proyect (In re Proyect) · filed 2013-12-11(a)(15)

The relevant debts were created when Mr. Sherman and Ms. Proyect agreed to be bound by the Lease and the SBA Loan, and their relative rights and obligations relating to those debts did not change. Accordingly, Ms. Proyect’s obligations to Mr. Sherman related to the Lease and the SBA Loan were not “incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record.” 11 U.S.C. § 523(a)(15). As a result, § 523(a)(15) does not apply, and these debts are thus dischargeable pursuant to § 727.

Sections 523(a)(5) and (a)(15) do not except a debt from discharge without the required connection to the debtor’s spouse, former spouse, or child.

Bendetti v. Gunness (In Re Gunness) · filed 2014-01-16(a)(5), (a)(15)

Because the debt lacks the requisite connection to “a spouse, former spouse, or child of the debtor” (emphasis added), we agree with the bankruptcy court that § 523(a)(5) and § 523(a)(15) are inapplicable.

Sections 523(a)(5) and (a)(15) make domestic support obligations and other divorce-related debts to a former spouse nondischargeable in Chapter 7 even if a state court has not entered a final order fixing their amount.

Garner v. Garner (In re Garner) · filed 2014-10-15(a)(5), (a)(15)

The state court’s final judgment, and any subsequent appellate court ruling, will determine the extent and amount of debts defined by both of those provisions, but this court does not need a final order from the state court to issue a judgment in favor of the Plaintiff finding that any debts imposed by the Final Decree fall within the meaning of Section 523(a)(5) and Section 523(a)(15) and are non-dischargeable.

Under the pre-2005 version of § 523(a)(15), a divorce-related hold-harmless debt was presumptively nondischargeable, and the creditor had to timely request a dischargeability determination.

Moseley v. Tiffiny Moseley Smith · filed 2014-12-02(a)(15)

Thus, Smith—had she been notified—would have had every incentive to timely intervene and take advantage of the presumption of non- dischargeability under pre-2005 section 523(a)(15). ... Thus, we agree with the chancellor that Moseley’s debt to Smith based on the hold-harmless agreement was not discharged by the 2001 bankruptcy order.

Section 523(a)(15) does not prevent a divorce-related debt that is not domestic support from being discharged upon completion of a Chapter 13 plan.

Denke v. PNC Bank, N.A (In re Denke) · filed 2015-01-23(a)(15)

The Debtor's obligation to assume primary responsibility for the repayment of the Notes held by the Secured Claimants under the terms of the Property Settlement Agreement ... is not in the nature of a Domestic Support Obligation under 11 U.S.C. § 523(a)(5) as that term is defined at 11 U.S.C. § 101(14A), but rather is a general, unsecured, non-priority obligation under 11 U.S.C. § 523(a)(15). The Debtor’s obligation is dischargeable upon the successful completion of the Debtor’s Chapter 13 Plan.

Section 523(a)(15) property settlement debts are dischargeable after full compliance with a Chapter 13 plan because § 1328(a) does not incorporate that exception.

In re Okrepka · filed 2015-03-04(a)(15)

However, § 523(a)(15) debts are not excepted from discharge in a full compliance chapter 13 case because the § 523(a)(15) exception was not incorporated into § 1328(a).

Section 523(a)(15) excepts a debt for attorney’s fees owed to a former spouse from discharge when the debt is not a support obligation and was incurred in connection with a divorce proceeding.

In re: Erica Adam · filed 2015-04-06(a)(15)

Dobin established that the award of attorneys fees against Adam is a debt owed to her former spouse, is not a domestic support obligation, and was entered in connection with the parties’ divorce proceeding. The elements for an exception to discharge under § 523(a)(15) were therefore established, and the bankruptcy court did not err in excepting the attorney’s fees from discharge.

Section 523(a)(15) excepts divorce property division debts from discharge in Chapter 7, but those debts may be discharged in Chapter 13.

In re Fulmer · filed 2015-07-08(a)(15)

Section 523(a)(15) excepts from discharge in Chapter 7 debts that arise from a division of property in a divorce decree. However, such debts are dischargeable in Chapter 13.

Section 523(a)(15) excepts a debt owed to a former spouse from discharge when the debt was incurred in the course of a divorce or in connection with a divorce agreement or order.

Reynolds v. Reynolds (In re Reynolds) · filed 2015-05-18(a)(15)

Section 523(a)(15) only excepts from the discharge debts to a “former spouse ... incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record.”

Section 523(a)(15) preserves a debtor’s liability to a former spouse for divorce decree obligations, but does not preserve the debtor’s direct liability to third-party creditors.

Walls v. Hicks (In re Hicks) · filed 2015-05-22(a)(15)

Section 523(a)(15) only excepts from the discharge obligations owed “to a spouse, former spouse, or child of the debtor.”

Section 523(a)(15) makes the attorney’s fees, marital residence debt, and other debts specified in this divorce decree nondischargeable.

Walls v. Hicks (In re Hicks) · filed 2015-05-22(a)(15)

The debt for attorney’s fees, the marital residence debt, and “all remaining debt” in Paragraph 6(B) of the Divorce Decree is nondischargeable under 11 U.S.C. § 523(a)(15).

Section 523(a)(15) makes a debt to a former spouse nondischargeable when it arises from a post-divorce order connected to the divorce decree.

Rosenfeld v. Rosenfeld (In re Rosenfeld) · filed 2015-07-31(a)(15)

It is immaterial, for purposes of § 523(a)(15), whether a divorce-related debt arises after a judgment of divorce has been entered. And it makes no difference, for purposes of § 523(a)(15), whether the claim arises out of an obligation in the divorce judgment itself or out of an order entered after entry of the divorce judgment that creates new or modified obligations between the divorcing parties.

Section 523(a)(15) excepts from discharge a debt owed to a debtor’s child under a state court judgment even when the parents never married or divorced.

Hanson v. Brown (In re Brown) · filed 2015-12-08(a)(15)

That the parents never married and that no divorce action was filed is irrelevant. The Principal Balance is not dischargeable under § 523(a)(15).

Section 523(a)(15) makes a debtor’s divorce decree obligation to hold a former spouse harmless or indemnify them nondischargeable, but does not cover the debtor’s direct obligations to third-party creditors.

James v. Younes (In re Younes) · filed 2016-02-10(a)(15)

The Court finds that Debtor’s obligation to hold Plaintiff harmless or indemnify her on the debts is not dischargeable under § 523(a)(15). However, Debtor’s direct obligations to the third party creditors do not fall under § 523(a)(15).

Section 523(a)(15)’s designated payees limit who may claim its discharge exception; a third party with no connection to a designated payee does not qualify.

Sato v. Hanlon (In re Hanlon) · filed 2016-08-15(a)(15)

Plaintiff cannot take advantage of the above line of authority. It applies to third persons having connection to a designated payee. Plaintiff is not such a third person. ... Thus, § 523(a)(15)’s designated payees are far from “prefatory”; they are in fact crucial in determining who qualifies under the statute.

Section 523(a)(15) excepts from discharge a payment obligation to a former spouse created by a separation agreement, even when the underlying loan predates the agreement.

Olson v. Olson (In re Olson) · filed 2016-09-29(a)(15)

These facts support the conclusion that the debt due from the Debtor to the Plaintiff with respect to the BB&T Obligation is one incurred under the Agreement and is non-dischargeable pursuant to 11 U.S.C. § 523(a)(15).

Section 523(a)(15) excepts a debt from discharge when it was incurred in the course of a divorce or in connection with a divorce decree.

Grant v. Granader (In Re Granader) · filed 2016-10-12(a)(15)

The court correctly held that although no time limit applies to filing an action to determine the dischargeability of certain debts, including those “incurred by the debtor in the course of a divorce . . . or in connection with a . . . divorce decree” (see 11 U.S.C. § 523(c), (a)(15)), the $350,000 debt was incurred neither in the course of a divorce nor in connection with a divorce decree, and thus was discharged in the 2011 bankruptcy proceeding.

Section 523(a)(15) excepts from discharge a debt to a former spouse incurred in connection with a divorce decree, including an obligation to reimburse the former spouse for marital credit card debt.

Trimble v. Trimble · filed 2016-12-02(a)(15)

Because Allison assumed James’ credit card debt during the marriage, under 11 U.S.C.A. § 523(a)(15), James’ credit card debt would still constitute a debt to a former spouse incurred in connection with a divorce decree and therefore not subject to discharge.

Section 523(a)(15) excepts from discharge a debt owed to a former spouse for attorney fees incurred in divorce proceedings, even when a prenuptial agreement also provides for the fees.

Carlton v. United States Bankruptcy Court for the District of Colorado · filed 2017-01-18(a)(15)

Accordingly, the bankruptcy court did not err in determining that the February 2015 Judgment was nondischargable pursuant to § 523(a)(15), and entering its Corrected Summary Judgment Order.

Section 523(a)(15) excepts from discharge a debt owed to a former spouse for attorneys’ fees awarded in a divorce action when the debt is not a domestic support obligation.

Adam v. Dobin · filed 2017-02-15(a)(15)

Therefore, the debt was incurred in the course of a divorce and falls within the plain language of § 523(a)(15).

Section 523(a)(15) does not give a creditor a hold-harmless claim to pursue when both former spouses’ liability to that creditor has been discharged.

In re Strom · filed 2017-06-21(a)(15)

The personal liability of both Strom and Dettmering with respect to Lakeview was discharged. There is no longer any obligation that could be subject to a hold harmless. Since Strom is immune from pursuit by Lakeview, there is no debt or claim he could pursue against Dettmering under the MSA. Lakeview cannot revive its claim against Dettmering in this creative manner.

Section 523(a)(15) governs the dischargeability of divorce-related debts; it does not change ownership of property awarded in a divorce decree.

In re Jeffers · filed 2017-06-30(a)(15)

11 U.S.C. § 523(a)(15) is not such a rule,, even by implication; it affects only dischargeability, not the definition of property of the estate.

Section 523(a)(15) does not cover every debt arising from a dispute between former spouses; the debt must be connected to a divorce agreement or an order issued in connection with the divorce.

Crowder v. Wilbur (In re Wilbur) · filed 2017-07-27(a)(15)

While Plaintiffs argue the Defamation Order is connected to the divorce based on common underlying facts, § 523(a)(15) cannot be read to apply to any and all disputes between former spouses, such as the tort claims advanced in the Defamation Litigation, otherwise the limitations within § 523(a)(15) “would be swallowed by a generality.”

Section 523(a)(15) excepts from discharge a divorce obligation owed to a former spouse even when the debtor must pay a third-party creditor.

Beckford v. Romano (In re Beckford) · filed 2017-06-23(a)(15)

The court concludes that Mr. Beckford’s obligation to pay the Home Depot credit card bill was a debt that was assigned to the debtor by the Divorce Judgment and was owed to Marilyn Beckford. Accordingly, the debt was non-dischargeable pursuant to 11 U.S.C. § 523(a)(15), notwithstanding the fact that Mr, Beckford listed the debt to “Home Depot” on his schedules and received a chapter 7 discharge.

Section 523(a)(15) does not except a marital tort claim from discharge merely because it was joined with a divorce proceeding when the claim existed before the divorce.

In re Chaudry · filed 2017-07-10(a)(15)

In this matter any relationship between Wife’s Tevis claim and the remainder of the divorce has no effect on the fact that her claims existed prior to the divorce, and therefore could not have been incurred in connection with the divorce. Therefore the claim is not the type contemplated by § 523(a)(15), but is rather more properly characterized as a debt under § 523(a)(6).

Section 523(a)(5) does not except a divorce obligation from discharge when the parties intended it to settle a property dispute rather than provide support, even if the funds benefit their child.

Clark v. Clark (In re Clark) · filed 2017-09-30(a)(5)

Based upon the foregoing discussion, the Court finds that the remainder of the $40,000 obligation is NOT A DOMESTIC SUPPORT OBLIGATION under Bankruptcy Code Section 523(a)(5). Thus, IT IS ORDERED that the remaining obligation owed by the Debtor/Defendant, Mickey Gale Clark, to the Plaintiff, Tina Marie Clark, is dischargeable.

Section 523(a)(15) does not except a pre-existing debt from discharge merely because a divorce decree repeats or enforces it without changing its terms or making it part of a property settlement.

Al-Hamdani v. Al-Akwaa (In re Al-Akwaa) · filed 2018-05-30(a)(15)

Short does not, therefore, support the broad proposition that any pre-existing debt included in a divorce decree is automatically nondischargeable under Bankruptcy Code § 523(a)(15). Instead, the terms of the pre-existing debt must be fixed under a pre-nuptial or post-nuptial agreement or in a divorce proceeding as part of a property settlement or division of property.

Section 523(a)(15)'s exception for debts connected with a separation agreement does not cover a prenuptial agreement that addresses divorce and death but says nothing about separation.

Schubiner v. Zolman (In re Schubiner) · filed 2018-09-18(a)(15)

Because the Antenuptial Agreement is not a "separation agreement," the exception to discharge under 11 U.S.C. § 523(a)(15) does not apply.

Section 523(a)(15) does not automatically except every debt to a former spouse from discharge; obligations outside a separation agreement may be dischargeable.

Kent v. McDermott (In re Kent) · filed 2018-10-23(a)(15)

Some of the obligations Linda identified were not covered by the separation agreement.

Section 523(a)(15) covers a debt incurred in connection with a divorce settlement when the debt is not a domestic support obligation.

Grinspan v. Grinspan (In re Grinspan) · filed 2019-02-08(a)(15)

The Court agrees with Judge Eisenberg's rationale and holds that the Money Judgment is not a domestic support obligation, but is instead a debt "incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record."

Section 523(a)(15) requires a debt to the former spouse arising from the divorce; assigning existing marital debts without an indemnification obligation did not create one here.

Thomas v. Thomas, IV · filed 2019-06-28(a)(15)

If the Plaintiff instead pays those debts, then she may have a contribution action against the Defendant for his contractual share pursuant to the terms of the credit or loan agreements; however, the right of contribution would not be a debt incurred within the course of the parties’ divorce for purposes of § 523(a)(15).

Section 523(a)(15) addresses discharge of divorce-related debts, but does not affect a former spouse’s separate property interest created under state law.

John E. Barrett, Jr. and Sarah E. Ramirez · filed 2019-08-16(a)(15)

Given that Ohio state law treats the division of property pursuant to an equitable distribution as creating a property interest, and not a debt, it follows that the Code’s treatment of dischargeability of “debts” in connection with a separation agreement is not relevant to a property interest created by separation in Ohio.

Section 523(a)(15) can except a divorce debt from discharge when the decree directs payment to a third party but the debtor also owes an obligation to the former spouse.

Norberg v. Norberg · filed 2019-08-20(a)(15)

Section 523(a)(15) does not mandate that the divorce decree or court order require a debtor to pay the debt directly to the spouse for the debt to be excepted from discharge.

Section 523(a)(15) excepts divorce-related marital settlement debts from bankruptcy discharge but does not prevent the parties from extinguishing such a debt through accord and satisfaction under state law.

Dragnea v. Dragnea · filed 2019-10-29(a)(15)

The fact that § 523(a)(15) excepts from bankruptcy discharge a divorce-related MSA debt does not prevent use of a Chapter 11 plan to accomplish a bilateral amendment of a MSA by way of accord and satisfaction that leads to a contractual discharge of the debt under nonbankruptcy law.

Section 523(a)(15) requires a qualifying debt and a discharge under §§ 1141, 1228(a), 1228(b), or 1328(b).

Trentzsch v. Trentzsch, III · filed 2019-12-05(a)(15)

For a debt to be found non-dischargeable pursuant to § 523(a)(15), the Plaintiff must establish first that it is a debt of the kind described in § 523(a)(15) and second that the debtor is seeking a discharge under §§ 1141, 1228(a), 1228(b) or 1328(b).

Section 523(a)(15) excepts a non-support debt from discharge only if it was incurred in a divorce or separation.

Zavacky v. Nabong · filed 2019-12-30(a)(15)

Accordingly, the debt at issue does not fall under § 523(a)(15) since it is not a “divorce- related” debt and did not arise in a divorce or separation.

Section 523(a)(15) prevents a Chapter 7 discharge from extinguishing a divorce-related debt to a former spouse, without requiring the former spouse to object to discharge.

KAUFFMAN VS. JALAL M. SHABAZZ (FM-03-1428-12, BURLINGTON COUNTY AND STATEWIDE) · filed 2020-01-03(a)(15)

Because 11 U.S.C. § 523(a)(15) provides that a Chapter 7 discharge under 11 U.S.C. § 727, does not discharge an individual debtor from any debt to a former spouse incurred in the course of a divorce or in connection with a separation agreement or divorce decree, whether the judge was mistaken as to whether plaintiff filed an objection to the discharge is of no moment. Defendant's obligation to pay half the American Express bill was not discharged in his Chapter 7 bankruptcy as a matter of law, with no action necessary by plaintiff to protect the claim.

Section 523(a)(15) excepts from Chapter 7 discharge an equitable distribution debt owed to a former spouse under a divorce decree, even when the debt is not a domestic support obligation.

Yao v. Kao · filed 2020-02-06(a)(15)

Defendant’s Obligations arising under the Amended Judgment of Divorce and subsequent Money Judgment Order are not dischargeable under section 523(a)(15) of the Bankruptcy Code.

Section 523(a)(15) excepts divorce decree obligations to a former spouse from discharge, including obligations to pay debts once owed jointly to third parties.

Sturgill v. Fields · filed 2020-05-28(a)(15)

The additional monies were at one time owed jointly by the parties to third party credit card companies. They are now owed solely by Defendant pursuant to the divorce decree. Those monies are also nondischargeable under § 523(a)(15).

A debt to a former spouse that falls under either § 523(a)(5) or § 523(a)(15) is excepted from Chapter 7 discharge even if its amount remains disputed.

Cowan v. Ladosenszky · filed 2020-06-16(a)(5), (a)(15)

As a result of the foregoing, this Court now is able to conclusively determine that all of the Divorce Debt, whatever its amount, is nondischargeable in the Defendant-Debtor’s Chapter 7 bankruptcy case, under either 11 U.S.C. § 523(a)(5) or 11 U.S.C. § 523(a)(15), one or the other.

Section 523(a)(15) excepts from discharge debts owed to a former spouse under divorce-related court orders, including a property judgment and attorney’s fees awarded to enforce it.

Bunger v. Smith · filed 2020-09-11(a)(15)

This evidence shows that the amounts in question here – the property judgment and the attorney’s fees – are debts owed by Brandon to Caiti incurred pursuant to court orders entered in the course of and in connection with the parties’ divorce. Accordingly, they are non-dischargeable under § 523(a)(15).

Section 523(a)(15) excepts a debtor’s obligation to a former spouse under a divorce settlement from discharge, even when the debtor’s direct debts to the creditors are discharged.

McDonald v. McDonald · filed 2020-09-11(a)(15)

Notwithstanding the fact that Debtor’s debts to Capital One and Discover were discharged, Debtor’s obligation to Plaintiff to pay the Creditors under the MSA is a debt owed to a former spouse incurred in the course of a divorce or separation and, therefore falls within the exception to discharge found in § 523(a)(15).

Section 523(a)(15) automatically excepts debts owed to a former spouse under a property settlement agreement from discharge, without requiring the creditor to act in bankruptcy court.

Hanrahan, J. v. Ketch, C. · filed 2020-11-13(a)(15)

Following BAPCPA, Wife’s debt owed to Husband under the PSA was automatically excepted from discharge, Husband was not required to assert the issue in the bankruptcy court, and the trial court had concurrent jurisdiction to acknowledge the surviving debt and enforce the obligation.

Section 523(a)(15) excepts from Chapter 7 discharge a debt owed to a former spouse that arose in connection with a divorce decree and is not a domestic support obligation.

Kim v. Raines, II · filed 2021-01-19(a)(15)

It is clear to the Court that all the elements of section 523(a)(15) have been met in this case.

A debt arising from settlement of a separation agreement dispute may qualify for the discharge exception when it remains connected to the divorce or separation.

Nonte v. Burstein · filed 2021-03-03(a)(15)

Because the breach of contract action that resulted in the Settlement Agreement and Confessed Judgment was a statutory remedy available to Nonte under Maryland law for the enforcement of the Separation Agreement, the Court finds that the Complaint alleges sufficient facts to support a plausible inference that the Confessed Judgment debt is “in connection with” the Separation Agreement and divorce and may therefore be non-dischargeable.

Section 523(a)(15) requires divorce or legal separation proceedings; merely moving out does not suffice.

Byrnes v. Byrnes · filed 2021-07-02(a)(15)

First, § 523(a)(15) is limited to proceedings for divorce or legal separation. It is not enough just to move out.

Section 523(a)(15) makes debts owed to a spouse in connection with a divorce nondischargeable in Chapter 7 without a hardship balancing test.

Campagna Johnson Mady, P.C. v. Kalsi · filed 2021-09-02(a)(15)

Therefore, even if the debt is not a domestic support obligation, it is non-dischargeable under the catchall section 523(a)(15) for all other debts owed to a spouse incurred in the course of a divorce.

Section 523(a)(15) excepts a divorce decree debt owed to a former spouse from discharge when the debt is not a domestic support obligation.

BOUDETTE n/k/a OSKERSON v. BOUDETTE · filed 2021-09-24(a)(15)

Section 523(a)(15) excepts from discharge all debts owed to a former spouse that are incurred by the debtor in the course of a divorce or in connection with a divorce decree that are not domestic support obligations under § 523(a)(5). As explained, the Court need not analyze whether the Judgment is a domestic support obligation because it will be excepted from Boudette’s discharge regardless.

Section 523(a)(15) excepts from discharge debts arising from a property division contract made in the course of a divorce, even when a later civil action establishes the amount owed.

Sitren v. Langston · filed 2022-02-17(a)(15)

Thus, the later civil-action judgment against Langston is entirely for debts that are attributable to the contract and thus were “incurred by [Langston] in the course of a divorce or . . . in connection with a . . . divorce decree.” The judgment is nondischargeable under section 523(a)(15).

Section 523(a)(15) excepts equitable distribution debts owed to a former spouse under a divorce decree from discharge.

Purewal v. Estate of Kanwaldeep Kalsi · filed 2022-03-03(a)(15)

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)(15) excepts from discharge court costs incurred to enforce child support terms in a divorce decree.

Strahan v. Evans · filed 2022-03-04(a)(15)

Therefore, the court costs fall within the ambit of § 523(a)(15) and will be excepted from the Defendant’s discharge.

Section 523(a)(15) excepts a debt to a former spouse from discharge when it remains connected to a separation agreement, even if a later settlement changes the payment obligation.

Nonte v. Burstein · filed 2022-03-24(a)(15)

For the reasons stated in this Memorandum Opinion, the Court concludes that Nonte has met her burden as to all three elements under § 523(a)(15) and is entitled to judgment as a matter of law that the Debt is nondischargeable as a debt to a former spouse incurred in connection with a separation agreement.

Section 523(a)(15) excepts from discharge a debt owed to a former spouse that was incurred in a divorce and connected to a court order dividing property.

Michelena v. Michelena · filed 2022-06-02(a)(15)

However, Claim 7-7 is for a debt owed by Defendant to his former spouse, Plaintiff, that was incurred by Defendant in the course of Defendant and Plaintiff’s divorce in connection with an order of the 357th District Court of Texas, thus falling under § 523(a)(15).

Section 523(a)(15) makes a debt owed to a former spouse for breach of a divorce settlement nondischargeable when it arises from the settlement’s indemnification or attorney-fee provisions, even if reduced to a contract judgment.

Monassebian v. Monassebian · filed 2022-08-17(a)(15)

Rather, the statute applies to any debt in connection with such a divorce or separation agreement, which includes obligations arising out of indemnification and fee-shifting provisions.

Section 523(a)(15) excepted debts arising from orders in the divorce decree enforcement suit from discharge.

Payne v. Payne · filed 2022-10-20(a)(15)

As such, this Court can conclude as a matter of law that the four debts stemming from the judgments/orders issued in the QDRO Suit are non-dischargeable under § 523(a)(15).

Section 523(a)(15) excepts from discharge debts to a former spouse for costs, fees, and sanctions incurred in enforcing a divorce decree.

Payne v. Payne · filed 2022-11-23(a)(15)

As such, this Court can conclude as a matter of law that the four debts stemming from the judgments/orders stemming from the QDRO Suit are non-dischargeable under §523(a)(15).

Section 523(a)(15) excepts a debt from discharge when it is causally connected to a separation agreement, even if the debt is embodied in a later settlement agreement.

Burstein v. Nonte · filed 2023-08-23(a)(15)

As detailed earlier, § 523(a)(15)’s language is intentionally broad, and it is broad enough to cover this situation, making the debt non-dischargeable.

Section 523(a)(15) makes a debt to a former spouse nondischargeable when it is logically or causally related to a separation agreement, even if the debt is embodied in a later settlement agreement.

Nonte v. Burstein · filed 2023-08-23(a)(15)

The most natural reading of “in connection with” in this statutory context would require the debt to be logically or causally related to a separation agreement, divorce decree, or other order of a court of record.

Section 523(a)(15) can except a debt arising from a separation agreement from discharge, but there is no debt to except if the agreement does not survive the divorce decree.

Yanke v. Hoover · filed 2023-10-11(a)(15)

Her agreement was a separation agreement within the meaning of 523(a)(15). Had there been no divorce, her debt to him would have been nondischargeable. ... The agreement did not survive entry of the decree.

Section 523(a)(15) does not prevent discharge of a divorce-related debt owed to a former spouse’s probate estate.

In re: Ara Eric Hunanyan · filed 2023-11-16(a)(15)

Hunanyan argues, and we agree, that § 523(a)(15) does not apply when the debt is owed, not to the former spouse, but to a probate estate.

Section 523(a)(15) excepts from discharge an equalizing payment owed to a former spouse in connection with a divorce.

Bueche v. Bueche · filed 2024-03-05(a)(15)

Jamie' s claim for the equalizing payment incurred by Travis arose out of or in connection with the parties' divorce, and fits within the exception to discharge bankruptcy set forth in Article § 523( a)( 15).

Section 523(a)(15) makes damages owed to a former spouse for breaching a court-ordered divorce stipulation nondischargeable.

Malovatsky v. Gojani · filed 2024-05-07(a)(15)

Those damages incurred by Malovatsky as a result of Gojani’s breach of the So-Ordered Stipulation, fall within § 523(a)(15).

Section 523(a)(15) excepts from discharge a debt to a former spouse incurred in connection with a separation agreement or divorce decree.

Ash v. Petroski · filed 2024-05-08(a)(15)

As such, this Court concludes that the debt owed by Defendant to Plaintiff under the Note and Partition Agreement is nondischargeable pursuant to 11 U.S.C. § 523(a)(15).

Section 523(a)(15) makes a debt incurred in connection with a separation agreement nondischargeable in bankruptcy.

Nonte v. Burstein · filed 2024-11-13(a)(15)

Kent David Burstein appeals the district court’s order affirming the bankruptcy court’s determination that his debt to Yvette Nonte, his former spouse, was nondischargeable in bankruptcy as a debt incurred in connection with a separation agreement, per 11 U.S.C. § 523(a)(15). We have reviewed the record submitted on appeal and find no reversible error. Accordingly, we deny Burstein’s motion for a stay pending appeal, and we affirm the district court’s order.

Section 523(a)(15) excepts a non-support debt owed to a former spouse and incurred in connection with a divorce or separation agreement from a Chapter 7 discharge.

Louis John Sullivan · filed 2025-10-10(a)(15)

Pursuant to § 523(a)(15), a debt to a former spouse that is not for support and that is incurred by the debtor in the course of a divorce, separation, or in connection with a separation agreement is nondischargeable in a Chapter 7 case. Because the Equalization Payment arises from the Separation Agreement and is rooted in the termination of the parties’ marriage, it was not discharged in the Debtor’s previous bankruptcy case, nor would it be dischargeable in any case under Chapter 7.

Section 523(a)(15) excepts from discharge a divorce-related debt owed to a spouse, former spouse, or child that is not a domestic support obligation.

Woodward · filed 2025-10-31(a)(15)

The debt owed by Mrs. Alexander to Mr. Woodward meets these requirements, and is therefore nondischargeable under § 523(a)(15).

Section 523(a)(15) excepts from discharge a debt owed to a former spouse that was incurred in a divorce.

Cherie Faye Alexander · filed 2025-10-31(a)(15)

The debt owed by Mrs. Alexander to Mr. Woodward meets these requirements, and is therefore nondischargeable under § 523(a)(15).

Section 523 authorizes a bankruptcy court to determine whether a debt is excepted from discharge, but does not authorize a money judgment on that debt.

First Omni Bank, N.A. v. Thrall (In Re Thrall) · filed 1996-05-28

Contrary to the provisions of § 17(c)(3) of the Act, neither § 523 nor the rules for its implementation expressly authorize a bankruptcy court to enter a money judgment. Section 523 speaks only to determination that a debt be excepted from discharge.

In a § 523(c) dischargeability proceeding, the bankruptcy court may fix damages and enter a money judgment on a nondischargeable debt.

Valencia v. Lucero (In Re Valencia) · filed 1997-10-17(c)

Pursuant to 11 U.S.C. § 523(c), the bankruptcy court has exclusive equitable jurisdiction to determine the dischargeability of debts under 11 U.S.C. § 523(a). ... For these reasons, I am persuaded that the bankruptcy court had jurisdiction to fix damages and enter judgment in favor of Appellee.

A bankruptcy court may determine that a debt is excepted from discharge under § 523(a)(2)(A), but may not enter a money judgment on that debt.

Porter Capital Corp. v. Hamilton (In Re Hamilton) · filed 2002-08-06(a)(2)(A)

Following a trial, the Court entered a memorandum and judgment in favor of the Plaintiff concluding that the Defendant’s debt to the Plaintiff was excepted from his discharge pursuant to 11 U.S.C. § 523(a)(2)(A). ... In conclusion, this Court’s examination of the Code, Rules and jurisprudence leads it to hold that it does not have the power to enter a money judgment on the Plaintiffs complaint.

Section 523 allows a bankruptcy court to decide whether a debt is non-dischargeable but does not authorize it to enter a money judgment on that determination.

American Express Centurion Bank, Optima Account v. Losanno (In Re Losanno) · filed 2003-03-25

While I have the authority to determine whether a debt is non-dischargeable under 11 U.S.C. § 523,1 hold that I have no authority to enter a money judgment on the judgment of non-dischargeability.

Section 523(a)(2)(A) permits a bankruptcy court to decide whether a debt is nondischargeable, but that determination does not give it jurisdiction to enter a money judgment on the underlying state-law claim when the judgment would have no effect on the bankruptcy estate.

Cambio v. Mattera (Cambio) · filed 2004-09-02(a)(2)(A)

Having concluded that the bankruptcy court did not have jurisdiction to enter a money judgment on the nondischargeable debt under the circumstances of this case, we REVERSE the bankruptcy court’s entry of a money judgment in favor of Matt-era and VACATE the bankruptcy court on all issues relating to the award of money damages.

Section 523(a)(6) allows a bankruptcy court to enter a money judgment when declaring a debt nondischargeable, even if the debt was previously reduced to a state court judgment.

Sasson v. Sokoloff · filed 2005-09-12(a)(6)

The existence of a state court judgment does not deprive the bankruptcy court of the statutory power to enter a new judgment of nondischargeability.

Section 523(a)(2)(A) allows a bankruptcy court to determine whether a fraud debt is nondischargeable without entering a money judgment.

Siragusa v. Collazo · filed 2015-05-19(a)(2)(A)

Even if the bankruptcy court had jurisdiction to enter a money judgment, it was not required to do so; it was well within the court’s discretion to opt simply to determine that the debt is non-disehargeable without entering a money judgment.

Attorney fees traceable to conduct that gives rise to a debt under § 523(a)(6) are also excepted from discharge.

Sergejev v. Alderman · filed 2021-08-05(a)(6)

As the Court previously determined in its Memorandum Opinion and Order, consistent with the Supreme Court’s decision in Cohen v. de la Cruz, 523 U.S. 213 (1998), attorneys’ fees resulting from litigation of a debt determined to be non-dischargeable under § 523(a)(6) are likewise non-dischargeable when traceable to the non-dischargeable conduct.

Section 523(a)(9) identifies a type of debt that is not dischargeable, but having such a debt does not require denial of the debtor’s discharge.

Barnes v. Sea Hawaii Rafting, LLC · filed 2021-09-22(a)(9)

The sections of the bankruptcy code that Barnes relies on in arguing to the contrary only allow for a bankruptcy court to revoke a discharge, see 11 U.S.C. § 1328(e), or detail types of debts that are not dischargeable, see 11 U.S.C. § 523(a)(9); 11 U.S.C. § 1328(a)(4) — they do not require a bankruptcy court to deny discharge if a debtor has debts that fall under them.

Section 523 leaves the interest rate on a nondischargeable state court judgment unchanged, and interest on that judgment is also nondischargeable.

PATEL v. JONES · filed 2022-05-19(a)(6)

Based upon the foregoing, it is the determination of this Court that the § 523 Judgment has no effect on the interest to which Dr. Patel is entitled under applicable state law, and that any such interest is nondischargeable.

Section 523 nondischargeability determinations can support a supplemental money judgment for the principal amount of the debt.

Woolf v. Simone · filed 2024-06-20

Despite entering judgment for the Debtor on Count VII, the Court will nonetheless enter a supplemental judgment for the Plaintiffs for the principal amount owed to each of them because the process of resolving the nondischargeability question necessarily resolved questions concerning the ... principal amount of debt.

A Section 523 nondischargeability order does not create a new debt or replace the interest rate on the underlying state court judgment.

In re: Mary E. Buscone · filed 2024-08-09

The Bankruptcy Court’s December 2020 order determined that this debt was excepted from discharge, but it did not give rise to the debt or constitute a new money judgment. Indeed, referring to the state court judgment, the exception from discharge order accounts for “all interest and costs due thereunder”—not “hereunder,” as one might expect if the federal judgment gave rise to the interest and costs.

Section 523(a)(6) permits a court to declare a future civil judgment nondischargeable when recovery on the claim requires willful and malicious injury.

Bennett A Egeth · filed 2026-01-08(a)(6)

Section 523(a)(6) allows for a denial of discharge for a future judgment award in a civil action if willful and malicious injury is required to recover on the state law cause of action.

A finding of whether a debtor acted willfully and maliciously under § 523(a)(6) is reviewed for clear error on appeal.

Plains State Bank v. Nosekabel · filed 1997-01-27(a)(6)

The ultimate finding of whether the debtors acted willfully and maliciously under 11 U.S.C. § 523(a)(6) is reviewed only for clear error.

An award of attorneys fees under § 523(d) is reviewed for abuse of discretion.

Flynn v. Stine · filed 2001-09-21(d)

We review for an abuse of discretion an award of attorneys fees pursuant to 11 U.S.C. § 523(d).

Decisions about discharge under Section 523 are legal determinations reviewed de novo on appeal.

Triumphant Gold v. Matloff · filed 2024-03-20

Thus, discharge decisions—whether the case turns on Section 523 or 727—are legal determinations subject to de novo review on appeal.

Section 523(a)(2) makes debts obtained by fraud or false representations nondischargeable but does not create an independent private cause of action.

James v. McCoy · filed 1998-03-30(a)(2)

These statutes do not create a private right of action, but merely set forth the criteria that a bankruptcy court must follow in determining dis-chargeability of debts.

Section 523(c)(1) does not create an independent cause of action; a creditor must seek a determination that a debt covered by § 523(a)(2), (4), or (6) is excepted from discharge.

Vu v. Ankoanda (In re Ankoanda) · filed 2013-05-10(c)(1)

Section 523(c)(1) merely operates to show that a debt is dischargeable unless the creditor brings an action and the debt is determined to be non-dischargeable. Because § 523(c)(1) is not a viable cause of action, it will be dismissed.

Section 523(a)(2)(A) bars discharge of certain debts obtained by fraud but does not create a private right of action.

Jones v. Nationstar Mortgage LLC · filed 2023-09-29(a)(2)(A)

Nowhere does § 523 provide a private right of action.

Section 523 does not provide an independent cause of action to determine whether a debt is dischargeable.

Internal Revenue Service v. Wallace · filed 2023-11-07

The Court agrees with the IRS that, even though the Complaint appears to be raised under § 523(a)(1), it is actually brought pursuant to Fed. R. Bankr. P. 4007, as § 523 does not provide an independent cause of action.