In the Matter of Maurice G. CROSSWHITE, Debtor-Appellee. Appeal of Terry Crosswhite GINTER

148 F.3d 879, 40 Collier Bankr. Cas. 2d 519, 1998 U.S. App. LEXIS 16775, 1998 WL 407017
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 22, 1998
Docket97-1128
StatusPublished
Cited by133 cases

This text of 148 F.3d 879 (In the Matter of Maurice G. CROSSWHITE, Debtor-Appellee. Appeal of Terry Crosswhite GINTER) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Matter of Maurice G. CROSSWHITE, Debtor-Appellee. Appeal of Terry Crosswhite GINTER, 148 F.3d 879, 40 Collier Bankr. Cas. 2d 519, 1998 U.S. App. LEXIS 16775, 1998 WL 407017 (7th Cir. 1998).

Opinions

RIPPLE, Circuit Judge.

The question before us, in this bankruptcy appeal, is whether the two debts that Maurice Crosswhite agreed to assume and pay under a property settlement agreement are dischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(15). The bankruptcy court held that the obligations were dischargeable and entered judgment for the debtor Cross-white. The district court affirmed. For the reasons set forth in the following opinion, we vacate the judgment of the district court and remand for further proceedings consistent with this opinion.

[881]*881I

BACKGROUND

When the marriage of Maurice and Terry Crosswhite was dissolved on August 16,1994, Mr. Crosswhite was ordered to pay child support for their two children. Under the terms of the property settlement agreement incorporated into the divorce decree, Mr. Crosswhite kept possession of the marital residence and agreed to pay Terry (now Terry Crosswhite Ginter) $8,000 as a property equalization payment. In addition, Mr. Crosswhite agreed to assume, pay and hold Ms. Ginter harmless on two joint debts, $3,489 to Merchants Bank (to purchase Mr. Crosswhite’s boat) and $1,700 to the General Federal Credit Union (to improve the real estate retained by Mr. Crosswhite).

This appeal focuses on the debts owed to the bank and the credit union. Mr. Cross-white did not pay those marital obligations. Instead, on November 21, 1994, he filed a bankruptcy petition, as “Crosswhite d/b/a Morrie’s Automotive Specialists,” for relief under Chapter 7 of the United States Bankruptcy Code. When the bank brought suit, Ms. Ginter paid the debt. When the credit union threatened to sue, Ms. Ginter restructured the loan and made monthly payments to pay it. Then Ms. Ginter initiated an adversary proceeding in Mr. Crosswhite’s bankruptcy by filing a complaint to determine the dischargeability of Mr. Crosswhite’s property settlement agreement obligations under 11 U.S.C. § 523(a)(15).

The bankruptcy court held that debtor Crosswhite’s property settlement obligations to Ms. Ginter were dischargeable under 11 U.S.C. § 523(a)(15)(B). The district court affirmed the bankruptcy court’s decision. Ms. Ginter has appealed that judgment, and we have jurisdiction over this case pursuant to 28 U.S.C. § 158(d). We conduct a de novo review of the bankruptcy and district courts’ legal interpretations; however, we review the findings of fact entered by the bankruptcy court only for clear error. See In re Reines, 142 F.3d 970, 972 (7th Cir.1998); In re Birkenstock, 87 F.3d 947, 951 (7th Cir.1996). In this case, no underlying facts are in dispute.

II

DISCUSSION

A.

Section 523(a) of the Bankruptcy Code lists eighteen categories of debts that are excepted from a debtor’s discharge, i.e., that are not dischargeable. When deciding whether a particular debt falls within a § 523 exception, courts generally construe the statute strictly against the objecting creditor and liberally in favor of the debtor in order to give the debtor a better chance at a fresh start. See Reines, 142 F.3d at 972-73. Consequently, the party claiming an exception to discharge usually bears the burden of proving by a preponderance of the evidence that the debt is not dischargeable. See Grogan v. Garner, 498 U.S. 279, 287, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991); In re Bero, 110 F.3d 462, 465 (7th Cir.1997). That policy of protecting and favoring the debtor is tempered, however, when the debt arises from a divorce or separation agreement. See 4 Lawrence P. King, Collier on Bankruptcy ¶¶ 523.05, 523.11[2] (15th ed. rev.1998) (stating that, with respect to enforcement of obligations for spousal and child support, Congress “has overridden the general bankruptcy policy in which exceptions to discharge are construed narrowly” against a creditor). Bankruptcy law has had a longstanding corresponding policy of protecting a debtor’s spouse and children when the debtor’s support is required. See Wetmore v. Markoe, 196 U.S. 68, 77, 25 S.Ct. 172, 49 L.Ed. 390 (1904) (“The bankruptcy law should receive such an interpretation as will effectuate its beneficent purposes and not make it an instrument to deprive dependent wife and children of the support and maintenance due them from the husband and father, which it has ever been the purpose of the law to enforce.”); Shine v. Shine, 802 F.2d 583, 585-86 (1st Cir.1986) (“The exception from discharge for alimony and payments for maintenance and support has long been an accepted part of bankruptcy [882]*882law.”)-1 This policy is manifest in the Bankruptcy Code’s § 523(a)(5); this section declares nondischargeable a marital obligation that was incurred by the debtor for alimony, maintenance or' support of the debtor’s spouse, former spouse or child.2 This exception therefore expresses Congress’ determination to protect former spouses in matters of alimony, maintenance, and support despite the Bankruptcy Code’s general policy of providing a debtor with a fresh start. Because of this Congressional determination, a § 523(a)(5) exception from discharge is construed more liberally than other § 523 exceptions. See King, Collier on Bankruptcy ¶ 523.05.

Subsection (15) of § 523(a) was added to the Bankruptcy Code in the Bankruptcy Reform Act of 1994 to expand the § 523(a)(5) exception to discharge for marital debts.3 It states that an individual is not discharged from any debt

(15) not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, a determination made in accordance with State or territorial law by a governmental unit unless—
(A) the debtor does not have the ability to pay such debt from income or property of the debtor not reasonably necessary to be expended for the maintenance or support of the’ debtor or a dependent of the debtor and, if the debtor is engaged in a business, for the payment of expenditures necessary for the continuation, preservation, and operation of such business; or
(B) discharging such debt would result in a benefit to the debtor that outweighs the detrimental consequences to a spouse, former spouse, or child of the debtor.

11 U.S.C. § 523(a)(15).

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148 F.3d 879, 40 Collier Bankr. Cas. 2d 519, 1998 U.S. App. LEXIS 16775, 1998 WL 407017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-maurice-g-crosswhite-debtor-appellee-appeal-of-terry-ca7-1998.