Raridon v. Carlson (In re Carlson)

545 B.R. 229
CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedJanuary 25, 2016
DocketBankruptcy No. 14-81783; Adversary No. 14-96130
StatusPublished
Cited by2 cases

This text of 545 B.R. 229 (Raridon v. Carlson (In re Carlson)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raridon v. Carlson (In re Carlson), 545 B.R. 229 (Ill. 2016).

Opinion

[231]*231 MEMORANDUM OPINION

Thomas M. Lynch, United States Bankruptcy Judge

The Debtors Gregory and Antoinette Carlson move to dismiss the adversary complaint of Michael Raridon. In his pleading, Mr. Raridon alleges that he was appointed the guardian ad litem for the minor grandchild of the Debtors. He asks this court to determine the pre-petition judgment awarded him by the state court for his services as guardian to be a domestic support obligation that is excepted from discharge under Section 523(a)(5) of the Bankruptcy Code. For the reasons set forth below, the Debtors’ motion to dismiss will be granted.

JURISDICTION AND PROCEDURE

The court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(b) and Internal Operating Procedure 15(a) of the United States District Court for the Northern District of Illinois. Matters concerning “determinations as to the dischargeability of particular debts” are “core proceedings” under 28 U.S.C. § 157(b)(2)(f), Because such matters “stem[] from the bankruptcy itself,” this court has constitutional and statutory authority to enter a final order in this proceeding. Stern v. Marshall, 546 U.S. 500 (2011).

DISCUSSION

A. Rule 12(b)(6) Standards.

“To survive a motion to dismiss under Rule 12(b)(6), the complaint need contain only ‘a short and plain statement of the claim showing that the pleader is entitled to relief.’ ” Huri v. Office of the Chief Judge of the Circuit Court of Cook Cty., 804 F.3d 826, 832 (7th Cir.2015) (quoting Fed. R. Civ. P. 8(a)(2)). In order to do so the complaint must describe the claim in detail sufficient to give the defendant fair notice of the plaintiffs claim under Fed. R. Civ. P.8(a). Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). Further, it “must give enough factual information to ‘state a claim, to relief that is plausible on its face.’ ” Def. Sec. Co. v. First Mercury Ins. Co., 803 F.3d 327, 334 (7th Cir.2015) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. at 547, 127 S.Ct. 1955). In other words, a plaintiff “must plead some facts that suggest a right to relief that is beyond the speculative level.” Smith v. Dart, 803 F.3d 304, 309 (7th Cir.2015) (internal citation omitted). For purposes of a motion to dismiss under Rule 12(b)(6) the court “must accept as true all factual allegations in the complaint.” Runnion v. Girl Scouts of Greater Chi. & Nw. Ind., 786 F.3d 510, 526 (7th Cir.2015). On the other hand, a plaintiff “can plead himself out of court by including factual allegations that establish that the plaintiff is not entitled to relief as a matter of law.” O’Gorman v. City of Chi, 777 F.3d 885, 889 (7th Cir.2015).

Section 523(a)(5) excepts from discharge any debt “for a domestic support obligation.” 11 U.S.C. § 523(a)(5). The Bankruptcy Code defines a “domestic support obligation” to be a debt that is:

(A) owed to or recoverable by—
(i) a spouse, former spouse, or child of the debtor or such child’s parent, legal guardian, or responsible relative; or
(ii) a governmental unit;
(B) in the nature of alimony, maintenance, or support (including assistance provided by a governmental unit) of such spouse, former spouse, or child of the debtor or such child’s parent, without regard to whether such debt is expressly so designated;
[232]*232(C) established or subject to establishment before, on, or after the date of the order for relief in a case under this title, by reason of applicable provisions of—
(1) a separation agreement, divorce decree, or property settlement agreement;
(ii) an order of a court of record; or
(iii) a determination made in accordance with applicable nonbankruptcy law by a governmental unit; and
(D) not assigned to a nongovernmental entity, unless that obligation is assigned voluntarily by the spouse, former spouse, child of the debtor, or such child’s parent, legal guardian, or responsible relative for the purpose of collecting the debt.

Id. at § 101(14A). The code neither contains an explicit reference to grandchildren of a Debtor nor defines “child.”

B. The Complaint.

The facts alleged in the complaint and the court orders attached to it are few in number but specific enough to provide the Debtors with fair notice of Mr. Raridon’s claim. According to the Plaintiffs “Complaint to Determine Dischargeability,” the Debtors filed a pre-petition Petition for Guardianship of them minor granddaughter in the Illinois Circuit Court for the Seventeenth Judicial Circuit (Winnebago County). (Compl. ¶ 5, Sept. 25, 2014, ECF No. 1.) The Plaintiff in this case, an attorney, alleges that the state court appointed him the minor’s guardian ad litem pursuant to an Order dated May 23, 2011. (CompLEx, A.) The state court approved Raridon’s petition for fees “for his services” at the conclusion of those proceedings, awarding him “a judgment in the sum of $3,859.” (CompLEx. B.) The judgment was entered “jointly and severally” against both Debtors together with Jeremy Jones, “the father of said minor child.” (Comply 6.) The judgment has not been satisfied and remains due in its entirety. (ComplA 7.) Based on these allegations, the Plaintiff “submits” that the judgment debt is in the nature of support “and ... as such, ... is lion-dischargeable.” (Comply 8.)

The Carlsons argue that because the state court proceeding was admittedly for guardianship of the Carlsons’ granddaughter—and not their child—the debt is neither owed to nor recoverable by a spouse, former spouse, or child of the Debtors or such child’s parent, legal guardian, or responsible relative. They further argue that this debt is not in the nature of alimony, maintenance or support of such spouse, former spouse or child of the Debtors or the child’s parent. Accordingly, they contend that the debt owed to the Plaintiff is not a domestic support obligation covered by Section 523(a)(5).

i. Fees Owed to a Guardian Ad Litem.

As a preliminary matter, the court notes that the Carlsons do not argue that the debt owed to Mr. Raridon cannot constitute a domestic support obligation because Mr. Raridon is not a spouse, former spouse or child of the Debtors.

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Cite This Page — Counsel Stack

Bluebook (online)
545 B.R. 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raridon-v-carlson-in-re-carlson-ilnb-2016.