Phegley v. Phegley

443 B.R. 154 (2011)

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Nature of the Case

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Facts

H and W were married on May 9, 1998. On June 3, 2009, the Circuit Court entered a Judgment and Decree of Dissolution of Marriage. The decree provided that H shall pay W: The sum of one thousand two hundred fifty and 00/100 dollars ($1,250.00) per month as and for contractual maintenance for a period of forty-eight (48) months. H was ordered to pay W$32,371.98 as equalization of property. The Decree also provided that H 'shall pay a portion of W's attorney's fees in the amount of nine thousand one hundred seventy-eight and 69/100 dollars ($9,178.69). On September 2, 2009, H filed a Chapter 13 bankruptcy petition. W filed a complaint to determine dischargeability of indebtedness pursuant to 11 U.S.C. § 523. W contends that the attorney's fees of $9,178.69 and the monthly maintenance payments of $1,250.00 are nondischargeable as domestic support obligations pursuant to U.S.C. § 523(a)(5).