Legal Opinion
Taylor v. Taylor (In re Taylor)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided September 5, 2012No. BAP Nos. NM-11-103, NM-11-107; Bankruptcy No. 10-15832; Adversary No. 11-01020PublishedCited by 24 opinions
1Opinion of the Court
NUGENT, Bankruptcy Judge.
A debt owed by a divorced debtor to her former spouse that is either incurred for spousal support or incurred “in connection with a divorce decree” is excepted from the debtor’s Chapter 7 discharge by 11 U.S.C. § 523(a)(5) or (a)(15)1 These appeals turn on whether a non-debtor spouse’s judgment against a debtor for an overpayment of spousal support may be characterized as a domestic support obligation or as one incurred in connection with a divorce decree. We agree with the bankruptcy court that the judgment received by appellee Matthew Taylor against the appellant…
2Cases cited28 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
- Chickasaw Nation v. United StatesSupreme Court of the United States · 2001
- In Re Clarence Oral Calhoun Fdba Bimbo's Place, Debtor. Jo Ann Long Fka Jo Ann Calhoun v. Clarence Oral Calhoun Fdba Bimbo's PlaceCourt of Appeals for the Sixth Circuit · 1983
23 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Graham v. Graham (In re Graham)United States Bankruptcy Court, D. Kansas · 2019
- Hanson v. Brown (In re Brown)United States Bankruptcy Court, M.D. Florida · 2015
- Esparsen v. Esparsen (In re Esparsen)United States Bankruptcy Court, D. New Mexico · 2016
- Halbert v. Dimas (In re Halbert)United States Bankruptcy Court, N.D. Illinois · 2017
- Kerr v. Meadors (In re Knott)United States Bankruptcy Court, N.D. Georgia · 2012
19 more not listed; retrieve them via the Exa API.