Hart v. Real Estate Commission

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• specific language in divorce decree that circuit court considered the “financial resources of both parties” when awarding attorney’s fees and sought to equalize disparity in income
• attorney’s fees are in the nature of support and nondischargeable even if payable directly to the attorney rather than to the child or former spouse
• “The policy underlying section 523(a)(5) . . . favors enforcement of familial support obligations over a ‘fresh start’ for the debtor.”
• “[T]he statute continues to except from discharge attorney fees, even if payable to an attorney rather than to a former spouse, if such fees are in the nature of maintenance or support”

Source: CourtListener parenthetical corpus (CC0).