PHEGLEY V. PHEGLEY
443 B.R. 154 (2011)
NATURE OF THE CASE: John Phegley (H) appellant Chapter 13 debtor sought judicial review
of a determination that his debts for monthly maintenance payments and attorney's fees
pursuant to a state court marriage dissolution proceeding were excepted from discharge
pursuant to 11 U.S.C.S. 523(a)(5).
FACTS: H and W were married on May 9, 1998. On June 3, 2009, the Circuit Court entered a
Judgment and Decree of Dissolution of Marriage. The decree provided that H shall pay W:
[T]he sum of one thousand two hundred fifty and 00/100 dollars ($1,250.00) per month as and
for contractual maintenance for a period of forty-eight (48) months. H was ordered to pay
W$32,371.98 as equalization of property. The Decree also provided that H 'shall pay a
portion of W's attorney's fees in the amount of nine thousand one hundred seventy-eight and
69/100 dollars ($9,178.69). On September 2, 2009, H filed a Chapter 13 bankruptcy petition.
W filed a complaint to determine dischargeability of indebtedness pursuant to 11 U.S.C.
523. W contends that the attorney's fees of $9,178.69 and the monthly maintenance payments
of $1,250.00 are nondischargeable as domestic support obligations pursuant to U.S.C.
523(a)(5).
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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