Dischargeability — § 523(a)(5)

In re Cervantes, 219 F.3d 955 (9th Cir. 2000)
In re Leibowitz, 217 F.3d 799 (9th Cir. 2000)
    An absent parent who owes money to a county for child support payments, but as to which no child support order has yet entered, may not discharge the debt in either a chapter 7 or chapter 13 case.

In re Seixas, 239 B.R. 398 (9th Cir. B.A.P. 1999)
    Former spouse’s contractual promise under marital settlement agreement to pay half of children’s college education expenses constituted nondischargeable "child support" obligation.

In re Foross, 242 B.R. 692 (9th Cir. B.A.P. 1999)
    Post-petition interest on nondischargeable child support debt is nondischargeable.

In re Lowenchuss, 170 F.3d 923 (9th Cir. 1999)
    Where divorce court decided prepetition that wife was entitled to 38% of pension plan, no money judgment to discharge - property in plan belonged to wife.

In re Chang, 210 B.R. 578 (9th Cir. B.A.P. 1997) reversed, 163 F.3d 1138 (9th Cir. 1998), cert. denied, 526 U.S. 1149 (1999)
    B.A.P. held that fees for evaluation and guardian ad litem services incurred during child custody trial were not child support and were therefore dischargeable.  9th Circuit reversed holding that (1) debts for professional fees and expenses arising from child custody proceeding were in nature of child support; (2) debts fell within child support discharge exception; and (3) father and guardian were entitled to priority in debtor’s plan.

In re Jodoin, 209 B.R. 132 (9th Cir. B.A.P. 1997)
    “The final determination of what portions of the judgment constitute nondischargeable alimony, support, or maintenance is a question of federal law.  Gionis v. Wayne (In re Gionis), 170 B.R. 675, 681 (9th Cir. B.A.P. 1994) (citing Shaver, 736 F.2d at 1316); see also Stout, 691 F.2d at 861 (citing H.R. Rep. No. 95-595, at 364, reprinted in 1978 U.S.C.C.A.N. 5787, 6320).  Therefore, the labels used by the state court in determining the Judgment were not binding on the bankruptcy court.  An independent review of the Judgment and factual inquiry into the true nature of any support was certainly within the power and discretion of the bankruptcy court.  Gionis, 170 B.R. at 681; Sweck v. Sweck (In re Sweck), 174 B.R. 532, 534 (Bankr. D.R.I. 1994) (The Code necessitates that the bankruptcy court ‘determine the nature of the debts, regardless of the labels placed on them by the parties or the family court.’).  However, ‘[w]here the award was rendered in a contested proceeding, another relevant fact is the intent of the state court.’  Gionis, 170 B.R. at 682.”

In re Crouch, 199 B.R. 690 (9th Cir. B.A.P. 1996)
    Debt to count for costs incurred while debtor’s minor son was incarcerated in juvenile facility was dischargeable.

In re Sternberg, 85 F.3d 1400 (9th Cir. 1996), overruled by In re Bammer, 131 F.3d 788 (9th Cir. 1997)
    Finding that debtor and former spouse intended to create a spousal support obligation is plausible in light of evidence of need for spousal support and “label” in marital settlement agreement.

In re Gendreau, 122 F.3d 815 (9th Cir. 1997), cert. denied, 532 U.S. 1005 (1998)
    Order which purported to be a Qualified Domestic Relationship Order under ERISA created a property interest, not a debt, and thus could not be discharged.

In re Kritt 190 B.R. 382 (9th Cir. B.A.P. 1995)
    Wife may claim former husband’s marital settlement obligation as nondischargeable spousal support despite failure to claim payments as income on federal and state filings.  

In re Gionis, 170 B.R. 675 (9th Cir. B.A.P. 1994), aff’d,  92 F.3d 1192 (9th Cir. 1996)
    Wife’s attorney’s fees nondischargeable under the facts based on need.

In re Sirigusa, 27 F.3d 406 (9th Cir. 1994)
    Where bankruptcy court discharged a 1.2 million dollar property settlement, it was not a violation of § 524 to seek a modification of the alimony in Domestic Relationship Court.  Bankruptcy court properly abstained from § 523(a)(5) issue.

In re McCoy, 111 B.R. 276 (9th Cir. B.A.P. 1990)
    Nondebtor spouse not liable for post-separation/pre-dissolution debts of debtor/spouse.

In re Combs, 101 B.R. 609 (9th Cir. B.A.P. 1989)
    Eight factors for determining dischargeability.

Shaver v. Shaver, 736 F.2d 1314, 1316 (9th Cir. 1984)
    Standard for determining § 523(a)(5) cases.

In re Gibson, 103 B.R. 218 (9th Cir. B.A.P. 1989)
    Attorney fees are not = alimony, etc.