Robinson v. Robinson (In Re Robinson)

193 B.R. 367, 1996 Bankr. LEXIS 204
CourtUnited States Bankruptcy Court, N.D. Georgia
DecidedMarch 4, 1996
Docket16-70997
StatusPublished
Cited by16 cases

This text of 193 B.R. 367 (Robinson v. Robinson (In Re Robinson)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. Robinson (In Re Robinson), 193 B.R. 367, 1996 Bankr. LEXIS 204 (Ga. 1996).

Opinion

ORDER

W. HOMER DRAKE, Jr., Bankruptcy Judge.

Currently before the Court in this matter is a Motion for Summary Judgment by Cheryl Lynn Robinson and Alembik, Fine & Callner, P.A. (hereinafter collectively “the Creditors”). This Motion arises in an adversary proceeding which the Creditors have commenced to determine the dischargeability of certain debts owed them by Ms. Robinson’s former husband, William Michael Robinson (hereinafter “the Debtor”). This matter constitutes a core proceeding within the subject matter jurisdiction of the Court, see 28 U.S.C. § 157(b)(2)(I), and it shall be disposed of in accordance with the Findings of Fact and Conclusions of Law which follow.

Findings of Fact

William Michael Robinson married Cheryl Lynn Robinson in Fayetteville, Georgia, on April 14,1984. As part of this marriage, Mr. Robinson also chose to adopt Ms. Robinson’s four children from a previous marriage. Robinson and the newly created family then proceeded to establish a home in the Fay-etteville area.

As time progressed, however, the marital relationship between Mr. and Ms. Robinson deteriorated. The parties experienced several periods of separation and reconciliation and, ultimately, they became permanently separated on June 1, 1990. Ms. Robinson then initiated an action for divorce in Fayette County Superior Court seeking division of the marital assets, as well as child support and alimony, from her estranged husband.

A jury trial ensued, and the parties ultimately were granted a divorce. As part of the conditions upon their separation, the husband became subject to the following orders of payment:

(1) An August 6,1990, Interlocutory Order to pay “all doctor, dental, hospital, surgical, pharmaceutical, and other medical expenses of [the couple’s children] which are not covered or otherwise paid by insurance,” as well as a similar December 6, 1990, Order requiring payment of one-half of all such expenses;
(2) An August 6,1990, Interlocutory Order and a Final Decree Order to pay specified debts of the couple, including outstanding obligations to the Internal Revenue Service, Dr. Davis, and Resurgens, P.C.;
(3) An Order to pay child support in the amount of $400.00 per month, per child until the death, majority, or marriage of each such child;
(4) An Order to maintain a $100,000.00 life insurance policy until such time as their youngest child attained age twenty and all outstanding divorce obligations were satisfied;
(5) An order to pay one-half, or $18,000.00, of his ex-wife’s attorney’s fees arising from the divorce action.

Notwithstanding these provisions in her favor, Ms. Robinson did not succeed in obtaining the monthly alimony payments which she had requested as part of the divorce.

On November 4,1994, Mr. Robinson filed a petition under Chapter 7 of the Bankruptcy Code. Shortly thereafter, his ex-wife and her attorneys commenced the present adver *371 sary proceeding seeking a determination of the dischargeability of those divorce obligations which remained outstanding as of the petition date. Specifically, the Creditors ask the Court to deem the Debtor’s obligation of child support, the requirement of life insurance in favor of his ex-spouse, certain medical bills relating to the care of their children, and the allocation of I.R.S. debt by the divorce decree to be nondischargeable divorce-related obligations. In response, the Debtor concedes that the terms of 11 U.S.C. § 523(a)(5) will prevent him from discharging any debts which pertain to the support of his children. Aside from that limited concession, however, the Debtor contends that the entirety of his divorce-related obligations may be discharged in bankruptcy.

Conclusions op Law

I. The Summary Judgment Standard and the Mandate of 11 U.S.C. § 523(a)(5).

In accordance with Federal Rule of Bankruptcy Procedure 7056, which incorporates Federal Rule of Civil Procedure 56, this Court will grant a motion for summary judgment only in the absence of any material issue of fact, so as to make the movant entitled to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). The movant has the burden to establish that no such factual issue exists, id. at 324, 106 S.Ct. at 2553, and the Court will read the opposing party’s pleadings liberally. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). As a drastic remedy, summary judgment only will be granted when there is no room for controversy. United States v. Earhart (In re Earhart), 68 B.R. 14, 15 (Bankr.N.D.Iowa 1986); Sell v. Heath (In re Heath), 60 B.R. 338, 339 (Bankr.D.Colo.1986).

As previously noted, all controversy in the instant case hinges upon the dis-chargeability of certain debts which the Debtor incurred as a consequence of his 1993 divorce. Regarding the dischargeability of such divorce-related obligations, the Bankruptcy Code makes the following provision:

(a) a discharge under section 727, 1141, 1228(a), 1228(b) or 1328(b) of this title does not discharge an individual debtor from any debt—
******
(5) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree, or other order of a court of record, determination made in accordance with State or territorial law by a governmental unit, or property settlement
^ * * 5b ^ *

11 U.S.C. § 523(a)(5). This provision of the Bankruptcy Code 1 “departs from the general *372 policy of absolution, or ‘fresh start’ ” so as to “enforce an overriding public policy favoring the enforcement of family obligations.” Shaver v. Shaver (In re Shaver), 736 F.2d 1314, 1315-16 (9th Cir.1984) (citations omitted); In re Harrell,

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Bluebook (online)
193 B.R. 367, 1996 Bankr. LEXIS 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-robinson-in-re-robinson-ganb-1996.