Order of the Bankruptcy Appellate Panel reversing an order of the Bankruptcy Court is affirmed as a late alimony payment penalty was not a domestic support obligation, and as such, the ex-wife’s claim was a general unsecured claim not entitled to priority status and consequently dischargeable.
Read In re: Smith, No. 09-9005
Appellate Information
Appeal from the Bankruptcy Appellate Panel
Decided November 6, 2009
Judges
Before: Boudin, Torruella, and Saris, Circuit Judges
Opinion by Torruella, Circuit Judge
Counsel
For Appellant: Clifford P. Gallant, Jr., Beliveau Fradetter Doyle & Gallant, PA.
For Appellee: Mark P. Cornell, Kelly Ovitt Puc, Cornell and Ovitt Puc, PLLC.
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