In Re: Todd Benson, Todd Benson v. Sally Benson

When Sally and Todd Benson divorced, they agreed that Todd would pay the mortgage on their home, which Sally would keep. 1 Eventually Todd stopped making mortgage payments. Shortly thereafter, he declared bankruptcy and sought to discharge his obligations under the property settlement agreement they made when they divorced. Sally objected and argued that the mortgage payments were a non-dischargeable domestic support obligation. Both the bankruptcy court and the district court agreed with Sally. Todd appeals. Because we also conclude that the mortgage payments are non-discharge-able, we…