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Q: Dischargeability of Debt per 11 USC 523(a)(5) ( No Answer,   0 Comments )
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Subject: Dischargeability of Debt per 11 USC 523(a)(5)
Category: Miscellaneous
Asked by: trouble2005-ga
List Price: $10.00
Posted: 02 Nov 2005 17:09 PST
Expires: 02 Dec 2005 17:09 PST
Question ID: 588205
In the U.S. Bankruptcy Court of the Southern District of Ohio, can an
obligation for a home mortgage in which a minor child of the party
filing bankruptcy be considered in the nature of alimony, maintenance,
or support and not be dischargeable. This party filing for bankruptcy
was ordered to sign all documents transferring their interest in the
property to the spouse and pay an additional mortgage payment amount
for 10 months, which the party never fulfilled any part of this order
in the divorce decree.

Request for Question Clarification by scriptor-ga on 02 Nov 2005 17:13 PST
What is your question?

Regards,
Scriptor

Clarification of Question by trouble2005-ga on 02 Nov 2005 17:13 PST
The minor child of the party filing bankruptcy lives in this home
whith the custodial parent.

Clarification of Question by trouble2005-ga on 02 Nov 2005 17:29 PST
Plantiff is the Debtor in this case pending in southern district of
banckruptcy court of Ohio. Defendant is former spouse of the debtor
and they have a minor child that lives with the defendant. The
plantiff and defendant entered into a seperation agreement in superior
court in georgia. defendanr and plantiff are jointly obligated on a
promissory note for the purchase of the real estate home in which the
defendant and minor child reside. Pursuant to the seperation
agreement, the plantiff was ordered to sign over their interests and
rights of this property and to pay additional mortgage payments of
$386 a month for 10 months after the seperation was signed. It has
been 15 months and nothing has been done. The plantiff has now filed
bankruptcy and is seeking to have this debt charged off. Can this debt
and order be considered as support since it is the sole residence of
the minor child?
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