Howard v. Jackson (In re Jackson)

(Bankr. S.D. Ind. Oct. 7, 2014)

The bankruptcy court denies the debtor’s motion to dismiss the nondischargeability complaint as to the claim that a debt was a domestic support obligation. The claim was brought by the personal representative of the debtor’s ex-wife’s probate estate. The court rejected the debtor’s argument that the plaintiff failed to state a claim because the probate estate cannot show that it was ever his spouse, former spouse, or child, or that it was a governmental unit, as required by the statute. The court grants the motion to dismiss with respect to the claim that a debt owed to the probate estate was a nondischargeable educational loan. That claim failed to satisfy any of the standards articulated in 11 U.S.C. § 523(a)(8). Opinion below.

2014-10-07 – in re jackson