Price v. Price (In re Price)

545 B.R. 114
CourtUnited States Bankruptcy Court, W.D. Pennsylvania
DecidedOctober 5, 2015
DocketBankruptcy No. 15-70020-JAD; Adversary No. 15-07012-JAD
StatusPublished
Cited by5 cases

This text of 545 B.R. 114 (Price v. Price (In re Price)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Price v. Price (In re Price), 545 B.R. 114 (Pa. 2015).

Opinion

MEMORANDUM OPINION

JEFFERY A. DELLER, Chief U.S. Bankrutpcy Judge

The matter before the Court is a Complaint Objecting to Discharge of a Debt (the “Complaint”) filed by Kimberly Price (the “Plaintiff’) against James W. Price (the “Defendant”). The matter is a core proceeding over which the Court has subject matter jurisdiction pursuant to 28 U.S.C. § 157(b)(2)© and (j). For the reasons set forth more fully below, the Court denies the discharge of the Defendant’s debts owed to the Plaintiff.

I.

Plaintiff and Defendant were manned on June 26, 1993. Their daughter was born on January 5,1995, and their son was born on September 4, 2000. On January 28, 2002, the parties executed a Separation Agreement and Property Settlement (the “Settlement Agreement”). (See Doc. # 13, Exhibit A). Following the Defendant’s filing of a Petition to Rescind the Separation Agreement, the parties thereafter entered into a Consent Order (the “Consent Order”), dated December 14, 2011 and filed December 15, 2011, which modified portions of the Settlement Agreement and was filed within their divorce proceeding in the County of Carteret, North Carolina, at 08 CVD 1757.

The Defendant filed a Chapter 13 bankruptcy petition on January 9, 2015, in Case Number 15-70020-JAD. The Plaintiff initiated the instant adversary proceeding by filing the Complaint on April 21, 2015, averring that the payments owed to her pursuant to paragraphs 2 and 7 of the Consent Order are nondischargeable domestic support obligations under 11 U.S.C. § 523(a)(5). (Doc. #1). The Defendant filed an Answer and New Matter on May 5, 2015, arguing that payments provided for in paragraph 7 of the Consent Order do not constitute nondischargeable support payments, but rather mortgage obligations encumbering the parties’ marital residence owed to the mortgage lender and dis-chargeable under 11 U.S.C. § 1328. (Doc. # 5). The Plaintiff filed a Reply on May 21,2015. (Doc. #8).

On September 10, 2015, the parties filed a Joint Stipulation of Facts (the “Joint Stipulation”). (Doc. # 15). Therein, the parties agree that the Consent Order is the current order with regard to child custody and child support. (Id. at ¶7). Paragraph 2 of the Consent Order provides the following:

Plaintiff shall pay to Defendant child support in the amount of $758.00 per month for the benefit of the minor children and that said amount shall be paid in lieu of any amount due under the current North Carolina Child Support Guidelines. The parties further agree that this amount is sufficient to provide for the general needs and welfare of the minor children. These child support payments shall be made on or before the first day of each month following execution of this agreement, and shall continue until the first day of the month following the minor child, AMP, graduating from high school. The Plaintiffs child support obligation shall not increase or decrease following the minor child, CBP, reaching the age of majority.
[117]*117Furthermore, the sum herein agreed to be paid by Plaintiff for child support shall not be subject to change for a period of seven (7) years and the parties agree not to and shall not seek a modification of child support for this prescribed period, unless, and only if, the conditions set forth in paragraph 7(b) below have been met.

Paragraph 7 of the Consent Order provides:

The parties -further agree that the Separation Agreement executed by the parties on January 28, 2002 shall be modified as follows:
(a) Plaintiff shall be responsible for paying $901.95 towards the monthly payment due under the Note secured by the Deed of Trust recorded in Book 832, Page 248, Carteret County Register of Deeds (hereinafter “the property”) for a period of sixty (60) months. Said sixty (60) month period shall begin December 1, 2011. Thereafter, Plaintiff shall be responsible for paying $450.98 towards the monthly payment due under the above referenced Note for a period of twenty-four (24) months. Thereafter, Defendant shall be solely responsible for all sums due and owing and shall hold Plaintiff harmless regarding the same.
(b) If Defendant sells the property, or the Plaintiff is otherwise relieved of his obligation to pay under the Note, prior to December 1, 2018, then the Plaintiff shall have no further obligation to make any subsequent payment under the Note and the Defendant shall be entitled to seek modification of future child support.
(c) Defendant shall cooperate and execute all necessary documents to allow Plaintiff to refinance the property.
(d)Upon cessation of the Plaintiffs obligation to make monthly payments due under the Note, Defendant shall refinance the property so as to remove Plaintiff from the Note.

The parties agree that payments provided for in paragraph 7 are made on the mortgage encumbering the residence in which the Plaintiff and the parties’ children currently reside (the “Residence”). (Id. at ¶ 10). The parties also agree that the Debtor attempted to modify the payments required under the Consent Order in 2014, but such motion was denied by Order dated July 17, 2014. (Id. at ¶ 11).

After filing Pre-Trial Statements (see Doc. ## 14,15), the parties filed a stipulation on September 23, 2015 agreeing to have the case decided based on documents submitted, the Pre-Trial Memoranda, and the Joint Stipulation (see Doc. # 16). The matter is now ripe for decision.

II.

In determining whether specific obligations are excepted from discharge in bankruptcy, courts must balance two competing policies: the fresh start principle and the Congressional policy of giving first priority to the adequate financial maintenance of a debtor’s children and ex-spouse. Buccino’s Buccino, 397 Pa.Super. 241, 250-51, 580 A.2d 13, 18 (1990) (citing In re Schmiel, 94 B.R. 373, 377 (Bankr.E.D.Pa. 1988). 11 U.S.C. § 523(a)(5) establishes this Congressional policy, providing that a discharge under section 727, 1141, 1228(a), 1228(b) or 1328(b) does not discharge an individual debtor from any debt for a domestic support obligation. 11. U.S.C. § 523. “Given the tenacity of the alimony and support exception, its historical roots and underlying social policy, ... the rights of former spouses and of children should [118]*118be ‘liberally protected]’ against discharge in bankruptcy.” Buccino, 397 Pa.Super. at 251, 580 A.2d 13 {citing Schmiel, 94 B.R. at 377). The party objecting to discharge bears the burden of proving that the obligation is in the nature of alimony, maintenance, or support. In re Gianakas, 112 B.R. 737, 741 (W.D.Pa.1990) aff'd, 917 F.2d 759

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Cite This Page — Counsel Stack

Bluebook (online)
545 B.R. 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-price-in-re-price-pawb-2015.