ee4c3a84_United_States_Bankruptcy_Court__Summary
[Date Filed] 07/16/2014 [Case Number] 13-40939 [PDF] View [Summary] 
In re: Downer Summary: Debtor objected to a claim filed by his ex-spouse, alleging that the debt at issue was based on debt allocation in the Dissolution Judgment and was not in the nature of alimony, maintenance, or support (and therefore the claim should be allowed only as a general unsecured non-priority claim). In the same vein, the ex-spouse objected to the debtor’s proposed first amended plan because it did not provide for payment of her priority claim of $1,758.26. She alleged that the claim was for medical expenses and additional healthcare costs of the parties’ child, and that debtor was previously ordered to pay these costs. She argued that the claim was entitled to priority treatment under § 507(a)(1)(A) as a domestic support obligation. The Court held that the obligation of the debtor to pay these medical and health care costs was in the nature of child support and therefore constituted a domestic support obligation as defined by 101(14A). As such, the claim filed by debtor’s ex-spouse was entitled to priority treatment. The Court overruled the debtor’s objection to claim and sustained the objection to confirmation filed by the debtor’s ex-spouse.
Opinions | Southern District of Illinois | United States Bankruptcy Court
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