Legal Opinion

Hernandez v. Nebraska Department of Health & Human Services (In re Hernandez)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided August 8, 2013No. BAP No. 13-6010PublishedCited by 2 opinions

1Opinion of the Court

KRESSEL, Bankruptcy Judge.

■Kimberly L. Hernandez appeals from an order of the bankruptcy court1 allowing a claim filed by the Nebraska Department of Health and Human Services in the amount of $924.39 as a priority debt in the nature of a domestic support obligation. The only issue on appeal is whether the debt owed to the DHHS is a debt in the nature of support of a child under 11 U.S.C. § 101(14A)(B). We hold that it is and affirm.

Background

Kimberly L. Hernandez, the appellant, has two children. Hernandez separated from the children’s father, Laureano Martinez-Sanchez, in 1997. Hernandez and…

2Cases cited4 opinions

  1. In Re Edward Elijah Williams, Debtor. Joyce Colleen Williams v. Edward Elijah WilliamsCourt of Appeals for the Eighth Circuit · 1983
  2. Zahn v. FinkCourt of Appeals for the Eighth Circuit · 2008
  3. Phegley v. Phegley (In Re Phegley)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
  4. Samuel J. Temperate Revocable Trust v. Unterreiner (In Re Unterreiner)Court of Appeals for the Eighth Circuit · 2012

3Cited by2 opinions

  1. Rivera v. Orange County Probation Department (In Re Rivera)Court of Appeals for the Ninth Circuit · 2016
  2. In re SearsDistrict Court, D. Nebraska · 2015

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