Gorelik v. Gorelik, 443 F. App'x 586

Gennady Gorelik challenges a bankruptcy court's finding that custody-litigation fees were not 'support' under §523(a)(5) and thus dischargeable under §727(a).
Elena Gorelik appeals the district court's dismissal of her appeal from the bankruptcy order, and seeks to challenge district court rulings on record materials and potential supplements.
Appellee moved to strike portions of Appellant's appendix and brief for items not in the district court record; motion granted.
Appellee also moved to supplement the record with a July 14, 2008 state court order modifying child support; motion denied.
The bankruptcy/appeals court reviews de novo questions of law and clear error for factual findings, including whether amounts are 'support'.
Court affirms the district court's judgment, ruling the custody-litigation fees do not constitute 'support' and are dischargeable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are custody-litigation fees 'support' under §523(a)(5)?	Gorelik contends the fees are not 'support' and may be discharged.	Elena contends the fees relate to support disputes and should be treated as non-dischargeable.	Fees are not 'support'; dischargeable under §727(a).
Was the record properly limited to documents presented to the district court regarding striking materials and record supplementation?	Gorelik argues the appellate record should include additional materials for review.	Elena argues such materials were not part of the district court record and should be excluded.	Yes; materials not part of the district record were properly struck and the supplement denied.

Int’l Bus. Machines Corp. v. Edelstein, 526 F.2d 37 (2d Cir. 1975) (absence of extraordinary circumstances bars consideration of non-record rulings or evidence)
In re First Cent. Fin. Corp., 377 F.3d 209 (2d Cir. 2004) (standards for reviewing bankruptcy court decisions on appeal)
In re Maddigan, 312 F.3d 589 (2d Cir. 2002) (nature of 'support' determination reviewed for clear error)