58 A.3d 1153
N.H.2012Background
- Final divorce decree (Oct 2007) required Robin to pay 50% of Martin's 2006 federal taxes.
- Robin filed Chapter 7 bankruptcy (Sept 2010) listing Martin as creditor and as a joint tax lien; discharge granted (Dec 2010).
- Both sought innocent spouse relief; Robin granted relief, Martin's request denied.
- July 2011 Martin moved for contempt in the Berlin Family Division to compel Robin to pay 50%; trial court found Robin's discharge discharged the obligation.
- On appeal, Martin challenges dischargeability and attorney’s fees rulings; court reverses on dischargeability, affirms fees ruling, remands for costs, denies Robin’s fees on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Dischargeability under §523(a)(15) | Martin argues Robin's 2006 tax obligation is non-dischargeable. | Robin argues the obligation is not a debt to a former spouse and that innocent-spouse relief affects it. | Debt is automatically non-dischargeable under §523(a)(15). |
| Attorney’s fees | Martin contends trial court erred in denying fees. | Robin argues lack of prevailing-party status and frivolous position. | Court affirms denial of Robin’s fees; remands to consider Martin's costs; Martin may be prevailing party following reversal. |
| Costs on appeal | Martin seeks costs as prevailing party after reversal. | Robin opposes. | Remand for costs consistent with prevailing-party status; Robin denied appeal costs. |
Key Cases Cited
- Sunbeam Corp. v. Dortch, 313 S.W.3d 114 (Ky. 2010) (concurrent jurisdiction to construe discharge under §1834(b))
- Howard v. Howard, 336 S.W.3d 433 (Ky. 2011) (post-BAPCPA treatment of §523(a)(15) non-dischargeability)
- In re Grabinski, 150 B.R. 427 (N.D. Ill. 1993) (bankruptcy debtor liabilities and dischargeability)
- Wodark, 425 B.R. 834 (Bankr. 10th Cir. 2010) (non-dischargeable spouse debt under §523(a)(15) when incurred in divorce)
- Haag v. Shulman, 683 F.3d 26 (1st Cir. 2012) (innocent-spouse relief and joint tax liability context)
