Rivera v. Orange Cnty. Prob. Dept., No. 14-60044 (9th Cir. 2016)
Annotate this CaseDebtor is the mother of a minor who was held in juvenile detention in Orange County for more than a year. At issue is whether a mother’s debt to Orange County arising from her son’s involuntary juvenile detention is a “domestic support obligation” (DSO) and thus excepted from discharge in bankruptcy. The court concluded that it is not. Debtor's debt is not in the nature of domestic support simply because it represents in part the costs of her son’s basic needs. Where the principal purpose of the County’s custody over debtor’s son is public safety, not the son’s domestic well-being or welfare, the debt does not qualify as a DSO. Accordingly, the court reversed the bankruptcy appellate panel's decision.
Court Description: Bankruptcy. The panel reversed the judgment of the Bankruptcy Appellate Panel, which had affirmed the bankruptcy court’s denial of a debtor’s motion to sanction Orange County for persisting post-discharge in its efforts to collect a debt arising from the debtor’s son’s involuntary juvenile detention. The panel held that the debtor’s liability for the costs of support of her son while in detention was not a “domestic support obligation” and thus was not excepted from discharge in bankruptcy under 11 U.S.C. § 523(a)(5).
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