In re: Kassicieh, No. 12-8015 (6th Cir. 2012)
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The bankruptcy court held that fees owed to a court-appointed guardian ad litem constitute a “domestic support obligation” under Section 101(14A) of the Bankruptcy Code and are, therefore, a nondischargeable debt under Section 523(a)(5) of the Code. The Sixth Circuit Bankruptcy Appellate Panel affirmed.
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ELECTRONIC CITATION: 2012 FED App. 0011P (6th Cir.) File Name: 12b0011p.06 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT In re: CHARLES KASSICIEH, Debtor. ______________________________________ CHARLES KASSICIEH, Plaintiff-Appellant, v. EUGENE F. BATTISTI, JR., Defendant-Appellee. ______________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 12-8015 Appeal from the United States Bankruptcy Court for the Southern District of Ohio Case No. 07-54523; Adv. No. 08-2250 Argued: November 13, 2012 Decided and Filed: November 27, 2012 Before: EMERSON, HARRIS, and McIVOR, Bankruptcy Appellate Panel Judges. ____________________ COUNSEL ARGUED: Michael T. Gunnar, Hilliard, Ohio, for Appellant. Judith M. McInturff, Columbus, Ohio, for Appellee. ON BRIEF: Michael T. Gunnar, Hilliard, Ohio, for Appellant. Judith M. McInturff, Columbus, Ohio, for Appellee. Case No. 12-8015 In re: Kassicieh ____________________ OPINION ____________________ ARTHUR I. HARRIS, Bankruptcy Appellate Panel Judge. This appeal presents the issue of whether fees owed to a court-appointed guardian ad litem constitute a domestic support obligation under Section 101(14A) of the Bankruptcy Code and are therefore a nondischargeable debt. After reviewing the record, the parties briefs, and applicable law, and after the benefit of oral argument, the Panel concludes that the bankruptcy court did not err in determining that the fees owed to the guardian ad litem constitute a domestic support obligation. Accordingly, the fees owed are nondischargeable under Section 523(a)(5) of the Bankruptcy Code, and we affirm for the reasons stated in the bankruptcy court s well-written opinion entered on March 30, 2012, In re Kassicieh, 467 B.R. 445 (Bankr. S.D. Ohio 2012). -2-
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