HOWARD V. HOWARD 336 S.W.3d 433 (2011) CASE BRIEF

HOWARD V. HOWARD

336 S.W.3d 433 (2011)

NATURE OF THE CASE: Roy (H) appealed from a decision that a trial court could enforce through contempt an obligation under a divorce decree to make payments to a creditor even after a Chapter 7 bankruptcy discharge and even when the other spouse failed to institute an adversary proceeding in the bankruptcy court.

FACTS: H and Sondra (W) divorced. H was ordered to pay child support and to repay a loan on the couple's Durango which had been repossessed. Fifteen months after entry of the decree, H filed a motion in the trial court to reduce his child support obligation because of an alleged material change in circumstances. H filed a supporting affidavit in which he claimed health problems, inability to find correctional work or similarly lucrative positions, and filing for bankruptcy. W sought payment of her attorney's fees and sought to have H held in contempt for failure to pay the debt on the repossessed Durango, for which she had been subjected to collection efforts by the creditor. H testified to filing bankruptcy shortly after entry of the decree, to receiving a discharge in bankruptcy, and to not having a deficiency judgment entered against him following the repossession of the Dodge Durango. W received notice of the filing for bankruptcy and did nothing to challenge the discharge of his debts. The trial court found H to be in contempt for failure to pay the debt on the repossessed Durango. H appealed. The Court of Appeals affirmed concluding that H's obligation was not discharged under 11 United States Code (U.S.C.) 523(a)(15). The statute had been amended, effective in 2005, to provide that a discharge under Chapter 7 (11 U.S.C. 727) does not discharge the debtor from any debt 'to a spouse, former spouse or child' for something other than a 'domestic support obligation' (i.e., child support or maintenance) that 'is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit.' H appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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