Legal Opinion

Swartzberg v. Lockwood (In Re Lockwood)

United States Bankruptcy Court, E.D. Wisconsin

Decided December 11, 1992No. 10-39448PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM DECISION

M. DEE McGARITY, Bankruptcy Judge.

ISSUE

The facts in this case are undisputed, and the issue is straightforward. The question is whether the debtor's portion of a guardian ad litem's fees incurred in proceedings to modify custody of the debtor’s minor children is excepted from discharge under 11 U.S.C. § 523(a)(5). This court concludes that it is.

This is a core proceéding under 28 U.S.C. § 157(b)(2)(I).

FACTS

The debtor and her former husband were divorced in 1987. At the time, they agreed that the debtor be awarded sole custody of their three minor children, and the decree so…

2Cases cited12 opinions

  1. Terry ADAMS, Appellee, v. Karen Marie ZENTZ, AppellantCourt of Appeals for the Eighth Circuit · 1992
  2. Peters v. Hennenhoeffer (In Re Peters)District Court, S.D. New York · 1991
  3. Eisen v. Linn (In Re Linn)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
  4. Deeb v. Morris (In Re Morris)United States Bankruptcy Court, D. Colorado · 1981
  5. In the Matter of Linda M. Rios, Debtor. Appeal of Diana D. DubroffCourt of Appeals for the Seventh Circuit · 1990

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

3Cited by10 opinions

  1. In re M.A.R.Court of Appeals of Tennessee · 2005
  2. Heintz v. Tremblay (In Re Tremblay)United States Bankruptcy Court, D. Maine · 1993
  3. Spear v. Constantine (In Re Constantine)United States Bankruptcy Court, D. Massachusetts · 1995
  4. Ceconi v. Uriarte (In Re Uriarte)United States Bankruptcy Court, D. New Jersey · 1997
  5. Rogers v. Morin (In Re Rogers)Court of Appeals for the Fifth Circuit · 2006

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

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