Cummings v. Cummings

KRAVITCH, Circuit Judge:

The appeal of this bankruptcy case requires us to decide whether the debt owed to Plaintiff-Appellee Susan Cummings by her ex-husband Defendant-Appellant Lawrence Cummings is “in the nature of support” and therefore nondischargeable under 11 U.S.C. § 523(a)(5). For the reasons stated below, we remand the case for a determination regarding which portion-if any-of the equitable distribution at issue was intended as support.

I. Background and Procedural History

The parties divorced in 1996. As part of its Final Judgment of Dissolution of Marriage (“the Divorce Judgment”),…