Missouri v. Spencer, No. 15-6030 (8th Cir. 2016)
Annotate this CaseClaimants appealed from the bankruptcy court's orders where the bankruptcy court found the division in contempt and imposed sanctions against the division for willful violation of the discharge injunction in attempting to collect on a support debt after the debtors obtained a discharge. The BAP concluded that this case does not fall within the domestic relations exception to federal jurisdiction and thus the bankruptcy court had jurisdiction to determine the division’s claim; the BAP declined to consider the comity issue because it was raised for the first time on appeal; and the bankruptcy court erred in holding the division in contempt for willful violation of the discharge injunction because the discharge injunction does not apply to domestic support obligations under 11 U.S.C. 523(a)(5) and 1328(a). Accordingly, the BAP reversed the judgment.
Court Description: Kressel Author, with Saladino and Nail, Bankruptcy Judges] Bankruptcy Appellate Panel. The discharge injunction does not apply to domestic support obligations under Section 523(a)(5) and 1328(a) of the Code, and the bankruptcy court erred in holding the Missouri Department of Social Services, Family Support Division in contempt of court for willful violation of the discharge injunction in the case by attempting to collect a support debt after the debtors obtained discharge; the award of sanctions based on contempt is reversed. Judge Saladino, dissenting. [ June 10, 2016
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