11 U.S.C. § 523(a)(5)

15 Florida cases classified under this topic · sorted by citation count · browse and sort

• In re Montgomery Hulon Harrell v. Caryl Ann (Kaldenberg) Harrell Sharp
  754 F.2d 902· 11th Cir.· 1985-03-04 ·cited 30×
  Obligations for post-majority child support, educational expenses, and alimony arrearages are not dischargeable in bankruptcy if they are actually in the nature of alimony, maintenance, or support, regardless of state law or present need.
• In re Spong v. Spong
  661 F.2d 6· 2d Cir.· 1981-09-25 ·cited 28×
  The court held that a debt for attorney's fees awarded in a divorce decree is not excepted from discharge as alimony under 11 U.S.C. § 523(a)(5).
• In re Williams v. Williams
  703 F.2d 1055· 8th Cir.· 1983-04-01 ·cited 23×
  Obligations arising from a divorce decree, including payments to a former spouse and attorney's fees, can be considered non-dischargeable support obligations under federal bankruptcy law, even if characterized as a property settlement under state law.
• In re Clarence Oral Calhoun fdba Bimbo's Place v. Clarence Oral Calhoun fdba Bimbo's Place
  715 F.2d 1103· 6th Cir.· 1983-08-30 ·cited 22×
  Debts assumed under a separation agreement to hold a former spouse harmless on joint debts are nondischargeable under 11 U.S.C. § 523(a)(5) only to the extent they are actually in the nature of alimony, maintenance, or support, as determined by federal bankruptcy law, not solely
• Tilley v. Jessee
  789 F.2d 1074· 4th Cir.· 1986-05-05 ·cited 8×
  The court held that the obligation created by paragraph 5 of the post-nuptial agreement was not in the nature of alimony and should be dischargeable in bankruptcy because the parties' mutual intent to create a support obligation was not sufficiently demonstrated.
• Doerflein v. Anne Doerflein
  724 So. 2d 153· Fla. 5th DCA· 1998-12-11 ·cited 6×
  The appellate court affirmed in part and reversed in part a modification order, reducing child support, awarding the former wife a portion of a debt found to be in the nature of support and nondischargeable, but denying her claim for proceeds from the sale of a property.
• In re Davidson v. Davidson
  947 F.2d 1294· 5th Cir.· 1991-12-02 ·cited 6×
  A party is estopped from claiming divorce payments are a property settlement dischargeable in bankruptcy when they have treated those payments as alimony for tax purposes.
• In re Chandler v. Chandler
  805 F.2d 555· 5th Cir.· 1986-12-09 ·cited 6×
  A debtor in Chapter 7 Bankruptcy may not discharge monthly retirement benefit payments awarded to his former spouse by a divorce decree, as these payments are the sole property of the former spouse.
• In re Goin v. Rives
  808 F.2d 1391· 10th Cir.· 1987-01-12 ·cited 4×
  The court held that the $80,000 obligation arising from the divorce settlement was in the nature of alimony and support and therefore nondischargeable in bankruptcy.
• In re Rios
  901 F.2d 71· 7th Cir.· 1990-04-23 ·cited 2×
  Attorney's fees incurred by a debtor for services in obtaining a child support order are dischargeable in bankruptcy, as they are not a debt owed to a child or spouse for support.
• In re Singer v. Singer
  787 F.2d 1033· 6th Cir.· 1986-04-04 ·cited 2×
  The court held that periodic payments arising from a separation agreement, even if labeled a property settlement, are non-dischargeable if they are in connection with maintenance or support for a spouse.
• Shine v. Shine
  802 F.2d 583· 1st Cir.· 1986-10-06 ·cited 1×
  An obligation incurred due to failure to pay court-ordered support is not dischargeable in bankruptcy, even if not explicitly embodied in a formal separation agreement or divorce decree under the statute then in effect.
• Pitt v. Darrell
  M.D. Fla.· 2024-04-15
  The court held that the rent portion of the debt is nondischargeable as a domestic support obligation, and the bankruptcy court must reconsider whether the loan and wedding cost portions are nondischargeable under § 523(a)(15).
• In re Dvorak v. Carlson
  986 F.2d 940· 5th Cir.· 1993-03-26
  Attorney's fees awarded in a state court custody battle for the child's benefit are considered child support and are therefore non-dischargeable debts under Chapter 7 of the Bankruptcy Code.
• In re Troup v. Troup
  730 F.2d 464· 6th Cir.· 1984-03-28
  The court held that the bankruptcy court's finding that marital debts were intended as support and thus non-dischargeable under 11 U.S.C. § 523(a)(5) was not clearly erroneous.