Halbert v. Dimas (In re Halbert)

Memorandum Opinion and Order

Hon. Deborah L. Thorne, United States Bankruptcy Judge

Introduction

This case presents the question of whether or not a debt is in the nature of support when it is owed to a governmental unit based on the overpayment of funds that had been disbursed for the purpose of allowing the Debtor, Ms. Halbert (“Debt- or” or “Halbert”), to purchase food in support of herself and her two minor children. Within the 90-day preference period, the Illinois Department of Human Services (“DHS”) obtained a payment on just such a debt out of the Debtor’s tax refund. The Debtor sued to…