Marta Morales v. Christopher Giddens (In re Christopher Giddens)

12 B 15638, 12 A 00947
Ex-wife sought finding that monetary award in divorce settlement was nondischargeable pursuant to 523(a)(2)(A), (a)(5), (a)(6) and (a)(15). Ex-husband prevailed on three of the four counts: 523(a)(5) because there was no evidence that the award was in the nature of alimony, maintenance or support; 523(a)(6) because tortious conduct (such as conversion) is required for a breach of contract to result in a nondischargeable debt, and a claim for money cannot be the subject of conversion; and 523(a)(15) because the underlying bankruptcy case is a Chapter 13.  Based on the very specific facts of this case, however, the award was nondischargeable under 523(a)(2)(A). The ex-husband had no intention of paying his ex-wife at the time they entered into the settlement, and his subsequent conduct was consistent with that intent.

Tuesday, August 5, 2014