Hollington v. Ruf (In re Hollington)

Summarized by Edward Gudeman , Gudeman & Associates, PC
14 years 5 months ago

Citation:

In re: Hollington, Case No. 10-8086, File No. 11b0008n.06

Tag(s):

Ruling:

The BAP affirmed the ruling of the Bankruptcy Court of for Northern District of Ohio without opinion, the BAP panel having found that there was no factual error or error of law, that even though Gibson was a pre-BAPCPA case it was "still good law." The BAP also concluded that a formal opinion was not merited.

Procedural context:

Chapter 11 Debtor/Appellant had appealed the ruling of the Bankruptcy Court that the provisions of his divorce agreement relating to his obligation to pay private school tuition were non dischargeable.

Facts:

Appellant in his Chapter 11 bankruptcy had moved to have his divorce decree obligations to pay the mortgage payments on his marital residence and private school tuition for his child declared dischargeable. The bankruptcy court, resting its opinion on Gibson v. Gibson, 219 B.R. 195, (B.A.P. 6th Cir 1998), a pre-BAPCPA case, entered its opinion that both obligations were incurred in connection with a divorce decree and were therefore non-dischargeable. The Appellant appealed only that portion of the opinion which held the private school tuition to be non-dischargeable.

Judge(s):

Boswell, Rhodes & McIvor

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