Sacher v. Gengler (In re Gengler)

278 B.R. 146
CourtUnited States Bankruptcy Court, N.D. Ohio
DecidedApril 19, 2002
DocketNo. 01-3133
StatusPublished

This text of 278 B.R. 146 (Sacher v. Gengler (In re Gengler)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sacher v. Gengler (In re Gengler), 278 B.R. 146 (Ohio 2002).

Opinion

DECISION AND ORDER

RICHARD L. SPEER, Bankruptcy Judge.

This case comes before the Court after a Trial on the Plaintiffs complaint to determine whether certain marital debts that the Debtor was obligated to pay pursuant to a Separation Agreement should be excepted from discharge. At the Trial, it was established that the debt at issue arose under the following circumstances:

The Plaintiff, Loretta Sacher, and the Debtor, Steven Gengler, (hereinafter referred to as Plaintiff and Debtor respectively), were husband and wife when the debt in question was incurred. After a marriage of twenty-two years, however, the Parties filed for a divorce. A Judgment Entry of Divorce was then granted to the couple on January 7, 2000.' The Entry of Divorce, which incorporated the Parties’ Separation Agreement, divided the couples’ assets and debts as follows: the Debtor maintained possession of the marital home (subject to two mortgages), three vehicles, and agreed to pay and hold the Plaintiff harmless for approximately Thirty-eight Thousand dollars ($38,000.00) of the outstanding marital debt. By comparison, the Plaintiff received the couples’ boat and boat trailer, one vehicle, and also agreed to pay and hold harmless the Debt- or for approximately Thirty-eight Thousand dollars ($38,000.00) in marital debt. Additionally, the Parties agreed to waive any obligations for alimony or spousal support from each other.

At the time the Parties’ Divorce was finalized, the Debtor was gainfully employed as a journeyman welder earning Forty-five Thousand dollars ($45,000.00) per year, while the Plaintiff, who at the time of Divorce was employed as a school teacher, earned only Twenty-one Thousand dollars ($21,000.00). Also, at the time of divorce, the couple had one child under the age of majority. Presently, this child, who has since reached the age of majority, resides with the Plaintiff.

In February of 2001, the Debtor was laid-off from his job. Not long thereafter, on April 17, 2001, the Debtor filed for relief under Chapter 7 of the United States Bankruptcy Code. In his bankruptcy petition, the Debtor listed Eighty-two Thousand Five Hundred Thirty-one and 96/100 dollars ($82,531.96) in debt secured by the marital home and Twenty-four Thousand Four Hundred Six and 80/100 dollars ($24,406.80) in unsecured debt. Among the unsecured debt was approximately Twenty-one Thousand dollars ($21,-000.00) of credit card debt incurred jointly by the Parties during their marriage and of which the Debtor had agreed to pay and hold the Plaintiff harmless pursuant to their Separation Agreement. This Twenty-one Thousand dollars ($21,000.00) of unsecured marital debt forms the basis of the dispute between the Parties.

On June 22, 2001, the Plaintiff filed a timely complaint asking the Bankruptcy Court to except from discharge the Twenty-one Thousand dollars ($21,000.00) of credit card obligation that the Debtor had promised to pay. The Plaintiff argues that these debts should be excepted from discharge under 11 U.S.C. § 523(a)(15) because they arose from the Parties’ divorce decree.1 The Debtor, however, argues [149]*149that the exceptions to nondischargeability, as contained in § 523(a)(15), are applicable because he does not have the ability to pay the debt in question and that the detriment to the Plaintiff, if forced to repay the debt, would not outweigh the benefit to him if the debt were to be discharged.

In furtherance of their respective positions, the facts presented at Trial revealed that the Debtor is still laid-off from his job, but that the Debtor has secured employment elsewhere. The Debtor’s new employment, including monthly overtime, renders him a net monthly income of One Thousand Seven Hundred Twenty-four and 86/100 dollars ($1,724.86). The Debtor also claims the following monthly obligations:

Rent $340.00
Utilities 200.00
Telephone 75.00
Water/Sewer 19.00
Cable 38.00
Food 450.002
Clothing 25.00
Laundry 10.00
Medical and Dental 20.00
Transportation 100.00
Renter’s Insurance 15.42
Life 8.90
Health 45.00
Auto 44.92
Car Payment 300.00
Total Monthly Expenses $1,691.24

Thus, based on these figures, the Debtor claims a monthly surplus of only Thirty-three and 62/100 dollars ($33.62). In addition, the Debtor presented evidence at Trial indicating that his monthly income would soon be decreased because of the lack of overtime available to him. Specifically, the Debtor claims that his monthly take-home pay will likely be reduced to approximately One Thousand Seven Hundred dollars ($1,700.00). Should this happen, the Debtor, based upon his above enumerated expense, would then face a monthly surplus of only Eight and 76/100 dollars ($8.76).

As for the circumstances relating to the Plaintiff, evidence at Trial was submitted that the Plaintiff has been employed as a school teacher, in the same school, for the last six years. The Plaintiff also stated that she is remarried and lives with her new husband in a home he recently acquired, along with another property, through inheritance. In this regard, the evidence presented revealed that both of the properties owned by the Plaintiffs husband are free from any mortgage obligations. With respect to income, the Plaintiff and her husband together receive, after mandatory deductions, Two Thousand Seven Hundred Thirty and 25/100 dollars ($2,730.25) in monthly income. This figure is based on One Thousand Nine Hundred dollars ($1,900.00) of net income from the Plaintiff and Eight Hundred Thirty and 25/100 dollars ($830.25) of net income from the Plaintiffs husband.3 On the other side of the equation, the Plaintiff and her husband also show monthly obligations amounting to Three Thousand Forty-seven dollars ($3,047.00). Thus, based on these figures, the Plaintiff currently contends that she faces a monthly deficit in her household budget of Three Hundred Sixteen and 75/100 dollars ($316.75).

[150]*150DISCUSSION

Pursuant to 28 U.S.C. § 157(b)(2)(l), proceedings brought to determine the dis-chargeability of a particular debt are core proceedings. Thus, this case is a core proceeding.

The Plaintiff has asked this Court to except from discharge approximately Twenty-one Thousand dollars ($21,000.00) of jointly incurred marital debt. The Plaintiff brings her action under § 523(a)(15) of the Bankruptcy Code which provides, in relevant part, that:

(a) A discharge under § 727,1141,-1228(a) 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt—

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Bluebook (online)
278 B.R. 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sacher-v-gengler-in-re-gengler-ohnb-2002.