Matter of Howe, Unpublished Decision (8-6-1999)
Matter of Howe, Unpublished Decision (8-6-1999)
Opinion of the Court
In Calhoun, the Sixth Circuit Court of Appeals sets forth the following three-part test to determine whether the assumption of a debt was in the nature of spousal support and, thus, not dischargeable. Initially, the court must consider "whether the parties to the divorceintended to create an obligation to provide support through the assumption of the joint debts." In making this initial determination, the trier of fact may consider "any relevant factor" from which to discern the parties' intent. If the court determines that the assumption of the debt "was intended as support it must next inquire whether such assumption has the effect of providing the support necessary to ensure that the daily needs of the former spouse and any children of the marriage are satisfied." Finally, if after the first and second parts of the Calhoun test have been met, the court must determine that "the amount of support represented by the assumption is not so excessive that it is manifestly unreasonable under traditional concepts of support." The party objecting to the discharge maintains the burden of establishing the nondischargeability of the debt.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.