Missouri v. Spencer, No. 16-3182 (8th Cir. 2017)Annotate this Case
After debtors filed for Chapter 13 bankruptcy, MDSS filed a proof of claim for an unsecured domestic support obligation (DSO) to pay spousal and child support arrears to one of the debtor's prior spouses. MDSS then filed an amended proof of claim in a higher amount and debtors objected. The Eighth Circuit held that the BAP correctly ruled that the disallowed portion of MDSS's DSO claim was not subject to the discharge injunction imposed when the bankruptcy court granted debtors a discharge. The court explained that that ruling eliminated the basis for the bankruptcy court's sanctions order. The court also held that the district court did not abuse its discretion by declining to address the bankruptcy court's contempt order sanctions. Finally, the court declined to render an advisory opinion on the additional issues raised in MDSS's cross-appeal.