Taylor v. Taylor

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Cross-Appellee/Appellant Eloisa Taylor appealed a decision of the Bankruptcy Appellate Panel of the Tenth Circuit (BAP) that affirmed a United States Bankruptcy Court decision. The bankruptcy court granted summary judgment in favor of Eloisa’s former spouse, Matthew Taylor. The bankruptcy court determined that a $50,660.59 debt Eloisa owed to Matthew for overpayment of spousal support was nondischargeable because Eloisa incurred the debt “in connection with a separation agreement.” Matthew’s assertion that the debt was nondischargeable under 11 U.S.C. 523(a)(5) as a “domestic support obligation” was previously dismissed by the bankruptcy court for failure to state a claim. Matthew filed a cross appeal from that ruling and from the BAP’s ruling that neither it, nor the bankruptcy court, had authority under the parties’ divorce settlement agreement to award Matthew attorney fees that he incurred during the bankruptcy proceeding. The Tenth Circuit agreed with the bankruptcy court’s ruling that the debt was nondischargeable under section 523(a)(15). With regard to Matthew’s cross appeal, the Court affirmed both the bankruptcy court’s ruling that the debt was not excepted from discharge under 523(a)(5), and the BAP’s denial of Matthew’s request for attorney fees. View "Taylor v. Taylor" on Justia Law