Lowther v. Lowther (In Re Lowther)

McEAY, Circuit Judge.

This is an appeal from a decision of the Bankruptcy Appellate Panel (“BAP”) holding that an obligation to pay attorney’s fees awarded in a divorce and custody proceeding are dischargeable in bankruptcy. This case requires a determination of whether sufficiently unusual circumstances exist to justify departure from the general rule of nondischargeability.

I. Facts

In 1997, Appellant filed for divorce from Appellee in the Oklahoma state court system. In September 1999, after protracted proceedings, the state court held a hearing to resolve the merits of the divorce and…