Adam v. Dobin (In re Adam)
- Citation:
- Adam v. Dobin (In re Adam), BAP No. CC-14-1416-PaKiTa (B.A.P. 9th Cir. Apr. 6, 2015)
- Tag(s):
-
- Ruling:
- AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in granting summary judgment that creditor's claim against debtor was excepted from discharge under section 523(a)(15) of the Bankruptcy Code. The panel reasoned that the trend in recent case law was to construe section 523(a)(15) expansively to cover a broader array of claims related to domestic relations within the discharge exception. Creditor established that the award for attorneys' fees against debtor was a debt owed to her former spouse, is not a domestic support obligation, and was entered in connection with the parties' divorce proceedings.
- Procedural context:
- The bankruptcy court granted summary judgment excepting attorneys' fees awarded in connection with divorce proceedings involving debtor and her former spouse. Debtor appealed.
- Facts:
- Debtor filed a chapter 7 case. Prior to the bankruptcy filing, debtor owed legal fees to creditor for legal services provided in connection with pre-bankruptcy divorce proceedings. Creditor filed an adversary proceeding, in which, among other things, creditor alleged that the debt for legal fees was non-dischargeable under section 523(a)(15), which excepts from discharge non-support debts in connection with a divorce or dissolution proceeding. The bankruptcy court granted summary judgment in creditor's favor as to the section 523(a)(15) claim.
- Judge(s):
- PAPPAS, KIRSCHER, and TAYLOR
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