Legal Opinion
Smith v. Pritchett (Smith)
Bankruptcy Appellate Panel of the First Circuit
Decided December 29, 2008No. BAP No. 08-006. Bankruptcy No. 07-12195-JMDPublishedCited by 19 opinions
1Opinion of the Court
LAMOUTTE, Bankruptcy Judge.
Nelson Smith (the “Debtor”) appeals from the bankruptcy court order overruling the Debtor’s objection to the proof of claim filed by his former spouse, Rita Pritchett (“Pritchett”), and denying the Debtor’s motion to avoid Pritchett’s lien. The outcome of both matters turned on the bankruptcy court’s finding that Pritchett’s claim, which consisted entirely of penalties for late alimony payments, is a “domestic support obligation” within the meaning of 11 U.S.C. § 101(14A). The critical issue is whether the Debtor’s obligation to pay a penalty of $50 per day on late…
2Cases cited15 opinions
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
- In Re Paul Chris Gianakas, Debtor. Karen Gianakas v. Paul Chris GianakasCourt of Appeals for the Third Circuit · 1990
- In Re Savage Industries, Inc., Debtor. Western Auto Supply Company v. Savage Arms, Inc.Court of Appeals for the First Circuit · 1994
- Nelson v. ScalaCourt of Appeals for the First Circuit · 1999
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Smith v. Pritchett (In Re Smith)Court of Appeals for the First Circuit · 2009
- In re EfronUnited States Bankruptcy Court, D. Puerto Rico · 2013
- Altman v. Johnson (In Re Johnson)United States Bankruptcy Court, D. Massachusetts · 2011
- Epstein v. Defilippi (In Re Defilippi)United States Bankruptcy Court, D. Maine · 2010
- DeHart v. Miller (In Re Miller)United States Bankruptcy Court, M.D. Pennsylvania · 2010
14 more not listed; retrieve them via the Exa API.