Model Trains and Bankruptcy: New 6th Circuit BAP Opinion on State Court Non-Dischargeability

Posted on October 8, 2013. Filed under: Chapter 13 Bankruptcy, Consumer Bankruptcy Attorney | Tags: , , , |

model trains

If the underlying judgment is nondischargeable, generally the contempt judgement award stemming from the underlying judgment will be nondischargeable as well. At least so says the 6th Circuit BAP.

ABI VOLO reporter has the case here.

The case involves a deceased son, a daughter-in-law, an expensive model train collection, and Chapter 13 Bankruptcy. A dangerous mix.

The BAP Panel Opinion points out that the 6th Circuit has not directly addressed whether a contempt judgment is
nondischargeable under § 523(a)(2)(A). It explains that most cases dealing specifically with the dischargeability of contempt judgments have been decided instead under § 523(a)(6), and have uniformly held that such judgments may constitute a nondischargeable debt. A good review of 6th Circuit law on this issue is provided be the Panel.

photo credit: Dustin C Oliver via photopin cc

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