Date of Decision:
May 14, 2019
Whether the claim of the debtor's former spouse is a domestic support obligation excepted from discharge under 11 U.S.C. §§ 1328(a)(2) and 523(a)(5)?
Yes. Based on the parties' stipulated facts and exhibits and after considering the factors set forth in Phegley v. Phegley (In re Phegley), 443 B.R. 154, 158 (B.A.P. 8th Cir. 2011), the Court found the money the debtor was obligated to pay his former spouse at the time of their divorce was in the nature of support and thus cannot be discharged in the debtor's bankruptcy case.
Full Bankruptcy Court Decision: