Reinhardt v. Reinhardt (In re Reinhardt)
Reinhardt v. Reinhardt (In re Reinhardt)
Opinion of the Court
MEMORANDUM OPINION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Sections 523(a)(5) and (15) of the Bankruptcy Code except from discharge domestic support obligations and other obligations owed to spouses, former spouses, and children of a debtor that arise pursuant to a divorce or separation settlement
Factual Background
The parties to this case are former spouses who received a divorce prior to the Debtor’s filing for bankruptcy.
Additionally, the Debtor is required to make minimum monthly payments to the second mortgage holder of the marital home until such time that the home is sold. Lastly, the MSA requires the Debtor to make minimum monthly payments on a prior existing line of credit. Should the Debtor neglect to pay any of these obligations, the MSA requires him to indemnify the former wife for her damages arising from Debtor’s failure to perform.
At the hearing on the Plaintiffs Motion for Summary Judgment,
Discussion
Sections 523(a)(5) and (15) of the Bankruptcy Code
Under the plain language of sections 523(a)(5) and (15), it is clear that none of the obligations owed to the former wife under the MSA are dischargeable. Included among these non-dischargeable obligations is the Debtor’s obligation to indemnify and hold harmless the former wife with respect to certain joint debts incurred during the marriage. Less clear is the issue of whether the direct obligation of the Debtor to pay the third-party creditor is also nondischargeable. If such obligations are not dischargeable, then the third-party creditor could pursue the Debtor directly if he fails to pay. If such obligations are dischargeable, then the former wife’s recourse if the Debtor fails to pay is to enforce the non-dischargeable indemnity obligation in state court.
In concluding that the underlying debts to the third-party creditors are dis-chargeable, the Court needs to look no further than the plain language of the statute. Sections 523(a)(5) and (15) except from discharge only those obligations owed “to a spouse, former spouse, or child of the debtor.” This statutory language is.clear and unambiguous. The only direct beneficiaries to this exception are a spouse, former spouse, or child of the debtor.
In support of her argument for a contrary interpretation of sections 523(a)(5) and (15), the former wife has cited In re Ginzl.
However, this Court disagrees with the Ginzl opinion to the extent that the case stands for the proposition that an indemnity agreement creates a non-dischargeable debt in favor of a third-party creditor. Such an interpretation would be contrary to the plain language of the statute and would potentially lead to inequitable results.
Conclusion
The Debtor’s obligation to indemnify the wife with respect to certain third-party marital debts is nondischargeable. However the actual obligations owed to these third-party creditors by the Debtor is dis-chargeable.
A separate order will be entered granting the Plaintiffs Motion for Summary Judgment consistent with this Memorandum Opinion.
. 11U.S.C. §§ 523(a)(5), (15).
. Id.
. Adv. Doc. No. 1 at V 5.
. Adv. Doc. No. 1, Ex. B.
. The Complaint alleges that the Debtor owes $600 in past-due child support and $450 in current medical bills and other liabilities related to the minor children. See Adv. Doc. No. 1 at ¶ 9.
. Id.
. Adv. Doc. No. 10.
. 11 U.S.C. §§ 523(a)(5), (15). Following the BAPCPA amendments to the Bankruptcy Code in 2005, the dischargeability analysis is the same under sections 523(a)(5) and (15).
. 11 U.S.C. § 523(a)(5).
. 11 U.S.C. § 523(a)(15).
. A governmental unit collecting a domestic support obligation on behalf of the spouse, former spouse, or child also receives the indirect benefit of this exception. 11 U.S.C. § 101(14A).
. 430 B.R. 702 (Bankr.M.D.Fla. 2010)
. Ginzl, 430 B.R. at 704.
. Id. at 706.
. Id.
Reference
- Full Case Name
- In re Roger Morgan REINHARDT, Debtor. Susan Reinhardt v. Roger Morgan REINHARDT
- Cited By
- 5 cases
- Status
- Published