Hunt v. Cobb (In re Cobb)

Summary

The bankruptcy court grants the plaintiff’s motion for summary judgment and holds that the debtor’s $19,154.80 obligation for child-support and alimony arrearages is nondischargeable under Bankruptcy Code § 523(a)(5). The court applies collateral estoppel to the Illinois state courts’ prior determinations concerning the amount of the arrearages. The opinion incorporates findings of fact and conclusions of law under Federal Rule of Civil Procedure 52 and Bankruptcy Rule 7052.

Holdings

1. Collateral estoppel applied because the propriety of the judgment amount was the same issue litigated in the Illinois proceedings, was actually litigated, was essential to the state-court determinations, and was litigated while the debtor was fully represented.
2. The $19,154.80 judgment was nondischargeable because it was an obligation to a former spouse for alimony and child support, entered in connection with a court order, and actually in the nature of alimony or support.

Questions Presented

1. Whether collateral estoppel barred the debtor from relitigating the propriety of the amount of the Illinois alimony and child-support arrearage judgment.
2. Whether the $19,154.80 obligation was nondischargeable under 11 U.S.C. § 523(a)(5).

Disposition

other