Scholl v. McLain (In re McLain)

241 B.R. 603, 43 Collier Bankr. Cas. 2d 326, 1999 Bankr. LEXIS 1493
CourtUnited States Bankruptcy Court, S.D. Iowa
DecidedJuly 27, 1999
DocketNos. 98-05303-CJ, 99-99029
StatusPublished

This text of 241 B.R. 603 (Scholl v. McLain (In re McLain)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scholl v. McLain (In re McLain), 241 B.R. 603, 43 Collier Bankr. Cas. 2d 326, 1999 Bankr. LEXIS 1493 (Iowa 1999).

Opinion

MEMORANDUM OF DECISION

LEE M. JACKWTG, Bankruptcy Judge.

Pro Se Plaintiff and Creditor Julie Sue Scholl (Plaintiff) filed a complaint against Defendant and Chapter 7 Debtor Louis A. McLain (Debtor). Plaintiff asks the Court to find $3;843.96 nondischargeable pursuant to 11 U.S.C. § 523(a)(5). She contends the debt stems from a reduction in child support she accepted in return for Debt- or’s agreement to pay her 36 installments of $230.64 that she, in turn, would use to pay off certain marital debts.

Debtor maintains the debt is a dis-chargeable property settlement. He does not contest that the $1,000.00 in back child support, appearing on Schedule E (Creditors Holding Unsecured Priority Claims), and his ongoing child support obligations are nondischargeable. Indeed, he has included back child support and ongoing child support on Schedule J (Current Expenditures Of Individual Debtor).

On June 4, 1999 Plaintiff presented her case-in-chief.1 Then Debtor’s attorney moved for a directed verdict. The Court denied the motion on the record. Then Debtor presented his case-in-chief. Having reviewed the testimony and exhibits and having considered the arguments of the parties, the Court now enters its decision.

The Court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334 and the standing order of reference entered by the U.S. District Court for the Southern District of Iowa. This is a core matter under 28 U.S.C. § 157(b)(2)(I).

BACKGROUND

Plaintiff, born November 11, 1964, and Debtor, born May 5, 1961, were married on October 6, 1990. They have two children, Luke Austin, born April 23, 1991, and Jacob Sawyer, born August 8, 1994.

Sometime in early 1996, Plaintiff commenced an action in the Iowa District Court for Adair County to dissolve her six year marriage to Debtor. In her answer to Debtor’s Interrogatory 8, she indicated dissatisfaction with Debtor’s indecisiveness over employment opportunities. (Exhibit 4, pp. 5 and 5A.) Her testimony echoed that concern.

On April 29, 1996 Plaintiff filed an Affidavit of Financial Status in the state court [605]*605proceeding. (Exhibit 5.) She did not request child support, temporary alimony or temporary attorney fees in the space provided on that form affidavit.

Under the “Assets” category, Plaintiff reported the parties jointly owned a 1984 Olds Cierra worth $2,000.00, household items worth $2,000.00, and both term life insurance and a bank account of unspecified values. She also indicated Debtor owned a 1986 Cavalier Wagon worth $2,000.00. She represented there were no encumbrances against any of the assets.

Under the “Other Debts” category, Plaintiff listed “Credit Cards” in the amount of $10,000.00, “Constant Credit” in the amount of $1,500.00, “Doctor” in the amount of $250.00, and “Lewis (repossessed truck)” in the amount of $2,000.00. Those debts totaled $13,750.00.

Under personal expenses, Plaintiff listed her monthly expenses as follows: $425.00 for house payment or rent, $380.00 for day care, $30.00 for doctor, $60.00 for constant credit, and $300.00 for other credit cards. Those expenses totaled $1,195.00.

In the area provided for incomes, Plaintiff reported her monthly gross income as $1,125.00 and her net income as $939.00. She estimated Debtor’s monthly gross- income as $2,000.00 and his net income as $1,670.00.

In his answer to Plaintiffs Interrogatory No. 7, Debtor stated his bimonthly gross income was $1,075.00 and bimonthly net income was $855.94. (Exhibit 3, p. 10.) In answer to Interrogatory No. 12, Debtor indicated he received a GED in 1980, attended junior college for three semesters, and has been employed as a copier service technician over the years. (Exhibit 3, p. 14.) He signed his answers to interrogatories on September 14,1996.

In her answer to Debtor’s Interrogatory No. 2, Plaintiff stated she was a high school graduate and had extensive computer experience and secretarial skills. (Exhibit 4, p. 2.) She listed the employment she held at various times throughout the marriage in her answer to Debtor’s Interrogatory No. 4. (Exhibit 4, p. 3.) Exhibit 4 does not bear Plaintiffs signature.

On October 7, 1996 Plaintiff and Debtor filed a Stipulation in the dissolution proceeding. (Exhibit 2.) He signed the document on October 4, 1996. She signed on the date it was filed. Among other things, the parties agreed that neither would receive alimony now or in the future. Each would take his or her own property free and clear of any claims of the other. Each would be liable for certain debts and hold the other harmless, as follows:

Debtor
(a) Five by Eighty Country Club $70.00
(b) Farmer’s Electric Corp. $140.24
(c) City of Menlo $32.51
(d) Pelgas $154.92
(e) Swiss Colony $244.00
(f) Forsyth Pediatrics $220.00
(g) Coon Valley Telephone $140.00
(h) Rhodes ® $191.00
TOTAL $1,192.67
Plaintiff
(a) Morrison Chevrolet (Stuart) $186.00
(b) Rhodes ® $191.00
TOTAL $377.00

(Exhibit 2, pp. 4-5 and 6.)2 They also agreed to share court costs equally.

With respect to the circumstances surrounding the debt in issue, Plaintiff and Debtor consented to joint legal custody of the minor children. Plaintiff would have primary physical care and custody. Debt- or would have reasonable visitation rights and would be responsible for all transportation for visitation. (Exhibit 2, pp. 1-2.) Each would claim one child as a dependent for tax purposes. (Exhibit 2, p. 3.)

The Stipulation then provided that Debt- or would pay $425.00 per month for the support of the minor children. He would [606]*606make the payments through the Adair County Clerk of Court or through the Collection Service Center in Des Moines, Iowa. Debtor would be required to make those payments until the children completed high school or reached eighteen, whichever occurred later, or upon the children marrying, entering the armed services or otherwise becoming emancipated in the interim. There was also a provision for continuing support for further education. (Exhibit 2, pp. 2-3.)

According to Exhibit 6, the Iowa Child Support Guidelines in effect at the time of the dissolution, Debtor should have paid between $512.60 and $525.55 per month.3 The Stipulation simply noted the amount of child support was less than what would be required under the relevant Child Support Guidelines for the reasons set forth in Paragraphs 10 and 12 of the that document. (Exhibit 2, p. 3.) Those paragraphs read as follows:

Paragraph 10: Louis and Julie shall be liable in the amount set forth below for the following debts in the approximate amounts listed:

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Related

Grogan v. Garner
498 U.S. 279 (Supreme Court, 1991)
In Re the Marriage of Nelson
570 N.W.2d 103 (Supreme Court of Iowa, 1997)
In Re the Marriage of Guyer
522 N.W.2d 818 (Supreme Court of Iowa, 1994)
Coffman v. Coffman (In Re Coffman)
52 B.R. 667 (D. Maryland, 1985)
Ellis v. Ellis (In Re Ellis)
149 B.R. 927 (E.D. Missouri, 1993)

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Bluebook (online)
241 B.R. 603, 43 Collier Bankr. Cas. 2d 326, 1999 Bankr. LEXIS 1493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scholl-v-mclain-in-re-mclain-iasb-1999.