467 B.R. 445
Bankr. S.D. Ohio2012Background
- State Court appointed guardian ad litem Battisti for Kassicieh/Mascotti children on Sept. 20, 2000; GAL services were rendered during custody/child-support proceedings.
- State Court allocated GAL fees 70% to Kassicieh and 30% to Mascotti, with a remaining balance of $11,943.03 to Kassicieh and $3,854.36 to Mascotti after payments.
- Kassicieh and Mascotti each filed for Chapter 13 bankruptcy; dispute over whether GAL fees constitute a domestic support obligation under §101(14A) and thus are nondischargeable.
- Kassicieh I outlined three lines of authority on whether third-party support-like debts are nondischargeable and deferred final ruling pending the State Court’s total-fee determination.
- State Court’s allocation and pending dischargeability issue prompted Battisti to seek a ruling that the GAL debt is a nondischargeable domestic support obligation under §523(a)(5).
- Court determines the GAL debt owed by Kassicieh to Battisti is a domestic support obligation non-dischargeable under §523(a)(5).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether GAL fees are domestic support under §101(14A) | Kassicieh argues GAL fees to a non‑named payee are dischargeable. | Battisti contends GAL fees are in the nature of support and fall within §101(14A). | Yes; GAL fees are a domestic support obligation. |
| Which interpretive approach governs (plain-meaning vs. substance of debt) | Kassicieh relies on plain-meaning that only named payees qualify. | Battisti urges the third-line approach focusing on the nature of the obligation. | Third-line approach controlling; substance of debt governs. |
| Whether the debt is nondischargeable under §523(a)(5) | Debt to GAL should be dischargeable if not to a listed payee. | Debt owed for child support-type purpose is nondischargeable. | Debt is nondischargeable under §523(a)(5) as domestic support. |
Key Cases Cited
- Calhoun (In re Calhoun), 715 F.2d 1103 (6th Cir. 1983) (nature of support obligations need not be to the spouse to be nondischargeable)
- Greco (In re Greco), 397 B.R. 102 (N.D. Ill. 2008) (debate over plain-meaning vs. debt-nature approach in third-party fees)
- Dvorak (In re Dvorak), 986 F.2d 940 (5th Cir. 1993) (nondischargeability of debt to child-related third party for support)
- Maddigan (In re Maddigan), 312 F.3d 589 (2d Cir. 2002) (guardian/ad litem-type fees as nondischargeable)
- Kline (In re Kline), 65 F.3d 749 (8th Cir. 1995) (nondischargeability of former spouse’s attorney fees in certain custody matters)
- Miller (In re Miller), 55 F.3d 1487 (10th Cir. 1995) (guardian ad litem fees treated as nondischargeable)