· 12/10/2002
Falk & Siemer, LLP v. Craig Maddigan
Citations
- 312 F.3d 589
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the reviewing court applies the clearly erroneous standard when an appellant appeals the trial court’s determination that a debt is in the nature of support under 11 U.S.C. § 523(a)(5
- finding that a legal fee award made in relation to a custody proceeding was a domestic support obligation where the family court order discussed factors such as the claimant’s “income, limited assets and resources, financial obligations, and inability to pay legal fees”
- “The fact that the debt is payable to a third party (here, Falk & Siemer
- “Our case law clearly establishes that debts in the nature of support need not be payable directly to one of the parties listed in §523(a)(5) in order to be nondischargeable.”
- fee award payable to attorney of non-spouse-mother of child of debtor nondischargeable
- “The bankruptcy court’s factual determination that [the debtor’s] obligation to [the law firm creditor] is in the nature of support for [the debtor’s] child comports with the record in the family court below, the applicable ease law, and congressional intent.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Winter, Sack, Sotomayor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.