Legal Opinion

In Re Poole

United States Bankruptcy Court, D. South Carolina

Decided October 18, 2007No. 19-01273PublishedCited by 8 opinions

1Opinion of the Court

ORDER

HELEN E. BURRIS, Bankruptcy Judge.

This matter comes before the Court pursuant to the Objection of creditor Judy Ann Poole to confirmation of the plan of Debtor and ex-spouse Ervin Randall Poole. The issue presented in this case is whether Debtor’s obligation to pay Ms. Poole under the parties’ divorce decree constitutes a “domestic support obligation” as defined by 11 U.S.C. § 10K14XA). 1 If it does, confirmation of the plan pursuant to § 1325 must be denied as the plan does not provide for payment in full of the obligation as required by § 1322(a)(2).

Findings of Fact

1. The parties were…

2Cases cited17 opinions

  1. In Re Edward Elijah Williams, Debtor. Joyce Colleen Williams v. Edward Elijah WilliamsCourt of Appeals for the Eighth Circuit · 1983
  2. In Re Montgomery Hulon Harrell, Debtor, Montgomery Hulon Harrell v. Caryl Ann (Kaldenberg) Harrell SharpCourt of Appeals for the Eleventh Circuit · 1985
  3. William J. Tilley, Jr., 7-85-0031 a v. Joyce JesseeCourt of Appeals for the Fourth Circuit · 1986
  4. In Re Keith Alan Kline, Debtor. Ronald R. Holliday v. Keith Alan KlineCourt of Appeals for the Eighth Circuit · 1995
  5. Ronald H. Boyle v. Catherine C. Boyle Donovan, Ronald H. Boyle, II and Robert E. BoyleCourt of Appeals for the Eighth Circuit · 1984

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3Cited by8 opinions

  1. Aldrich v. Papi (In Re Papi)United States Bankruptcy Court, N.D. Illinois · 2010
  2. In Re AndrewsUnited States Bankruptcy Court, W.D. Arkansas · 2010
  3. Levin v. Greco (In Re Greco)United States Bankruptcy Court, N.D. Illinois · 2008
  4. Rackley v. Rackley (In re Rackley)United States Bankruptcy Court, N.D. Georgia · 2013
  5. In Re VanhookUnited States Bankruptcy Court, N.D. Illinois · 2010

3 more not listed; retrieve them via the Exa API.

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