Reynolds v. Reynolds (In re Reynolds)
Reynolds v. Reynolds (In re Reynolds)
Opinion of the Court
ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Plaintiff, Lee Reynolds, seeks summary judgment on her complaint to determine three judgments entered by a New York state court (the “Judgments”) non-dischargeable in her former husband’s, the Debtor William Reynolds’, bankruptcy case.
As to the Plaintiffs § 523(a)(5) claims far more evidence would be required to determine whether the judgments are “in the nature of support.”
As to the Plaintiffs § 523(a)(15) claims, she provides absolutely no explanation of the Judgments or their origin or how they relate to the divorce or the parties’ settlement. One appears to be an award of attorney fees relating to the first two judgments,
Because material factual disputes exist and the Plaintiff has failed to establish any basis for summary judgment as a matter of law, the Plaintiffs motion for summary judgment is denied without prejudice. By separate order, the Court will set a trial in this adversary proceeding for 1:00 p.m. on September 15, 2015.
ORDERED.
. Plaintiff's Motion for Summary Judgment, Doc. No. 7.
. All references to the Bankruptcy Code refer to 11 U.S.C. § 101, etseq.'
.Fed. R. Civ. P. 56, made applicable to adversary proceedings by Fed. R. Bankr. P. 7056.
. Fed. R. Civ. P. 56(a).
. Fitzpatrick v. Schlitz (In re Schlitz), 97 B.R. 671, 672 (Bankr.N.D.Ga. 1986).
. Section 523(a)(5) provides any debt constituting a "domestic support obligation” is not dischargeable. Section 101(14A) defines "domestic support obligation” as a debt that is owed to or recoverable by a spouse that is "in the nature of alimony, maintenance, or support ... of such spouse” and established by "a separate agreement, divorce decree, or property -settlement agreement ....” . § 101(14A). Plaintiff bears the burden to prove that, "at the time of [the debts’] creation the parties intended the obligation[s] to function as support or alimony.” Cummings v. Cummings; 244 F.3d 1263, 1265 (11th Cir. 2001).
. Doc. No. 8-2 at 13.
. Ex. C to Plaintiff's Motion for Summary Judgment (Doc. No. 7-3).
. Exs. A & B to Plaintiff's Motion for Summary Judgment (Doc. No. 7-1; 7-2).
. 11 U.S.C. § 523(a)(15) (emphasis added).
. See Lee Reynolds Aff. (Doc. No. 8).
. William Reynolds Aff. (Doc. No. 11).
Reference
- Full Case Name
- IN RE William J. REYNOLDS, Debtor. Lee Reynolds a/k/a/ Leonne Reynolds v. William J. Reynolds
- Status
- Published