Miller v. Buscaglia
Miller v. Buscaglia
Opinion of the Court
MEMORANDUM and ORDER
The plaintiffs challenge the March 22, 1985 Order of Bankruptcy Judge Beryl E. McGuire which denied a motion seeking to have the defendant found in contempt of the automatic stay provisions of 11 U.S.C. § 362(a). The essential facts, aptly summarized by Judge McGuire, are not in dispute.
At the time the plaintiffs filed their Chapter 13 petition, section 523 of Title 11 of the United States Code, so far as is here pertinent, stated under the caption “Exceptions to discharge”:
“(a) A discharge under section 727,1141, or 1328(b) of this title does not discharge an individual debtor from any debt— ******
(5) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or property settlement agreement, but not to the extent that—
(A) such debt is assigned to another entity, voluntarily, by operation of law, or otherwise (other than debts assigned pursuant to section 402(a)(2b) of the Social Security Act); * * (Emphasis added).
The fundamental requirement of section 523(a)(5)(A) is that the debt arise in connection with either a divorce decree, separation agreement or property settlement agreement.
It is axiomatic that bankruptcy statutes are to be read strictly in the debtor’s favor and that exceptions to discharge are to be narrowly construed. In re Danns, 558 F.2d 114 (2d Cir. 1977). It is clear that the underlying purposes of both the Bankruptcy Act and the exceptions to discharge are best preserved by a strict construction of the statute. Cf., In re Adamo, 619 F.2d 216, 222 (2d Cir. 1980).
The United States Supreme Court has long recognized that “[t]he overriding purpose of the bankruptcy laws is to provide the bankrupt with comprehensive, much needed relief from the burden of his indebt
In accordance with the foregoing, it is hereby ORDERED that the judgment of the Bankruptcy Court is reversed and that the plaintiffs’ motion is granted.
. A lengthier recitation of the facts, set forth in the plaintiffs’ brief, is apparently unchallenged.
. After the plaintiffs filed their petition under Chapter 13, Congress amended section 523(a)(5) by adding the phrase "or other order of a court of record.” That section now reads:
(a) A discharge under section 727, 1141, or 1328(b) of this title does not discharge an individual debtor from any debt—
******
(5) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree, or other order of a court of record or property settlement agreement * * *. (Emphasis added.)
Reference
- Full Case Name
- Robert W. MILLER, Geraldine C. Miller v. Fred J. BUSCAGLIA, Commissioner of Social Services, Erie County Department of Social Services
- Status
- Published