Legal Opinion

Galiardo v. Galiardo (In re Galiardo)

United States Bankruptcy Court, M.D. Florida

Decided November 27, 2013No. Case No.: 8:13-bk-05567-MGW; Adv. Pro. No.: 8:13-ap-00583-MGWPublished

1Opinion of the Court

MEMORANDUM OPINION AND ORDER ON PLAINTIFF’S AMENDED MOTION FOR PARTIAL SUMMARY JUDGMENT

Michael G. Williamson, United States Bankruptcy Judge

Bankruptcy Code § 523(a)(5) provides that a debt for a domestic support obligation is nondischargeable. A domestic support obligation is a debt owed to a former spouse in the nature of alimony, maintenance, or support of such spouse. Whether a debt is in the nature of support is determined by an element of need. In this case, the Debtor’s former husband seeks to have a debt owed to him by the Debtor, based on a judgment in the amount of $222,650.00…

2Cases cited9 opinions

Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
British Caledonian Airways Limited v. First State Bank of Bedford, TexasCourt of Appeals for the First Circuit · 1987
Taylor v. Taylor (In re Taylor)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
RITE-WAY PAINTING & PLASTER., INC. v. TetorDistrict Court of Appeal of Florida · 1991
In Re LutzkeUnited States Bankruptcy Court, D. Oregon · 1998

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