Skip to main content
· 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 CourtListener

Sourced 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.