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6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688

Plaintiff filed a two-count complaint for nondischargeability of debt under 11 U.S.C. §§ 523(a)(5) and 523(a)(15). Plaintiff received a judgment from the Circuit Court for Howard County retroactively reducing the amount of alimony owed to Debtor-Defendant, which a Washington State Court had compelled Plaintiff to pay pursuant to the terms of a divorce separation agreement. Plaintiff alleged this overpaid alimony should be excepted from the Debtor’s discharge. The parties agreed, and the Court found, that the material and relevant facts in this case were not subject to dispute. In granting the Plaintiff’s Motion for Summary Judgment as to Count II, the Court held 1) Debtor owed a judgment debt to the Plaintiff who is an ex-spouse of the Debtor, 2) the overpayment of alimony in this case did not constitute a domestic support obligation under 523(a)(5), because the Debtor is the beneficiary of the obligation, not the designated payor per the separation agreement and the fact that the Maryland Judgment is premised on the overpayment of alimony does not transform it into an offsetting right in favor of Plaintiff to receive alimony, and 3) the debt was incurred in connection with a separation agreement or divorce decree. Accordingly, the debt fell within the confines of Section 523(a)(15) and is excepted from the Debtor’s discharge.

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Robert A. Gordon