Pylant v. Pylant (In Re Pylant)
467 B.R. 246
Bankr. M.D. Ga.2012Background
- Marital dissolution yielded a Settlement Agreement incorporated into a 2009 divorce decree.
- Section 3 required Debtor to finance a replacement home for Norma with price not exceeding $415,000; Section 4 paid Norma $200,000 in exchange for her interests.
- The marital residence was to be marketed for sale; sale proceeds and equity funded the replacement-home obligation.
- Debtor’s monthly payments and insurance requirements varied after the replacement home obligation became effective; alimony and child support were adjusted.
- Debtor filed Chapter 13; Norma contested that the replacement-home obligation is a nondischargeable domestic-support obligation under 11 U.S.C. § 523(a)(5).
- The court held a trial on January 24, 2012 and issued this memorandum opinion on dischargeability issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the replacement home obligation is a domestic support obligation. | Norma contends the obligation is support for her maintenance. | Debtor contends it is a property-division debt, not support. | Nondischargeable as domestic support under § 523(a)(5). |
Key Cases Cited
- Cummings v. Cummings, 244 F.3d 1263 (11th Cir. 2001) (burden to prove intent of support governs dischargeability under § 523(a)(5))