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Floyd v. Matthews (In re Matthews) (Case No. 05-60876; A.P. No. 06-06046) 03/24/2006

The Plaintiff sought a declaration that debt incurred in a separation agreement is nondischargeable under 11 U.S.C. § 523(a)(5).  The Court characterized debt incurred in the separation agreement as a part of a property settlement, and not alimony, maintenance, or support, due to: (1) the designation of the obligation as being in lieu of spousal support; (2) the relative incomes and wealth of the parties; (3) the fact that any payments would not be deductible by the Defendant or taxable to the Plaintiff; (4) the number and duration of payments; and (5) testimony of the parties that the obligation was intended to offset against Plaintiff’s obligation to pay credit card debt.  As such, the Court found the subject debt to be nondischargeable.

Date: 
Friday, March 24, 2006
Category: 
Adversary Proceedings
Dischargeability
Domestic Support Obligations
Chapter: 
7