550 B.R. 417
N.D. Ind.2015Background
- Adversary proceeding in a Chapter 7 case following a state court dispute over child-related issues between Steven Bobinski and Julie Thomas.
- Guardian ad litem Martha Wischmeyer was appointed to represent the children in the state litigation.
- A June 6, 2011 stipulation required Bobinski to pay half of Wischmeyer’s fees, with judicial reallocation possible.
- Wischmeyer sought a nondischargeability ruling under 11 U.S.C. § 523(a)(5) arguing the debt is a domestic support obligation.
- The bankruptcy court held the debt dischargeable; the district court reviews de novo.
- Court reverses and remands for further proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether guardian ad litem fees are nondischargeable as a domestic support obligation. | Wischmeyer: debt is in the nature of support and thus nondischargeable. | Bobinski: direct payee must be a listed recipient; fees to a guardian ad litem are dischargeable. | Nondischargeable under § 523(a)(5) as the debt is in the nature of support and satisfies payee considerations. |
Key Cases Cited
- Levin v. Greco, 415 B.R. 663 (N.D. Ill. 2009) (guardian ad litem-like debt treated as nondischargeable under 523(a)(5))
- In re Rios, 901 F.2d 72 (7th Cir. 1990) (non-enumerated payees may satisfy the payee requirement; fees for obtaining support orders can be nondischargeable)
- Miller v. Gentry (In re Miller), 55 F.3d 1487 (10th Cir. 1995) (emphasizes nature of the debt over payee identity in 523(a)(5) analysis)