Simon, Schindler & Sandberg, LLP v. Gentilini (In Re Gentilini)
United States Bankruptcy Court, S.D. Florida.
1Opinion of the Court
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
ROBERT A. MARK, Bankruptcy Judge.
The issue before the Court is whether a debt arising from a judgment ordering the debtor to pay fees owed to his former spouse’s attorney may be excepted from discharge under § 523(a)(5) of the Bankruptcy Code if the former spouse is no longer liable to her attorneys for payment of these fees. For the reasons more fully explained below, the Court holds that such a debt is not excepted from discharge under § 523(a)(5).
Factual & Procedural Background
The following facts are undisputed.…
2Cases cited20 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Pepper v. LittonSupreme Court of the United States · 1939
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
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3Cited by13 opinions
- Aldrich v. Papi (In Re Papi)United States Bankruptcy Court, N.D. Illinois · 2010
- In Re AndrewsUnited States Bankruptcy Court, W.D. Arkansas · 2010
- Levin v. Greco (In Re Greco)United States Bankruptcy Court, N.D. Illinois · 2008
- Kassicieh v. Battisti (In Re Kassicieh)United States Bankruptcy Court, S.D. Ohio · 2010
- Bendetti v. Gunness (In Re Gunness)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
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