Carpenter v. Amos, No. 20-6007 (8th Cir. 2021)
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The Bankruptcy Appellate Panel affirmed the bankruptcy court's entry of summary judgment in favor of Flesner Wentzel, debtor's ex-wife's attorney, and confirmation of debtor's Sixth Amendment Chapter 13 plan.
On de novo review, the panel identified no error in the bankruptcy court's conclusion that the attorney fees imposed on debtor by the state court are domestic support obligations under the bankruptcy code and are therefore not dischargeable pursuant to 11 U.S.C. 523(a)(5). In this case, the bankruptcy court engaged in a specific and detailed analysis of the undisputed facts and legal authority. Therefore, confirmation of debtor's Sixth Amended Plan that provided for priority treatment of Flesner's attorney fee claims as domestic support obligations was appropriate.
Court Description: [Shodeen, Author, with Dow and Sanberg, Bankruptcy Judges] Bankruptcy Appellate Panel. The attorneys' fees Amos was ordered to pay to his ex-wife's attorney constituted domestic support obligations under the bankruptcy code and were properly included in Amos's Chapter 13 plan
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