In Re Paula Joann Lowther’s Empirical Analysis

Citation profile

1 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Title 11 U.S.C. § 523 (a)(5) lists certain exceptions for discharge, including any debt “to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child....” In Jones , we addressed the question of whether a court-ordered obligation to pay attorney’s fees incurred in connection with a custody dispute was nondischargeable pursuant to § 523(a)(5). See Jones, 9 F.3d at 880 . While holding that the obligations present in Jones should be included within the necessarily broad definition of “support,” we specifically provided for the possibility of cases involving unusual cir cumstances warranting dischargeability. See id. at 881-82 . Because this court has never applied the unusual-circumstances exception, this is a matter of first impression.”

   1 later decision quote this exact passage · from the majority
   e.g. Benjamin v. Douglas (In Re Douglas)

2. “In In re Jones, the Tenth Circuit stated: ... that the term “support” as used in § 523(a)(5) is entitled to a broad application .... Generally, custody actions are directed towards determining which party can provide the best home for the child and are, therefore, held for the child’s benefit and support. Therefore, in order that genuine support obligations are not improperly discharged, we hold that the term “support” encompasses the issue of custody absent unusual circumstances not present here. Consequently, court-ordered attorney’s fees arising from post-divorce custody actions are deemed in the nature of support under § 523(a)(5) as being incurred on behalf of the child.”

   1 later decision quote this exact passage · from the majority
   e.g. Benjamin v. Douglas (In Re Douglas)

3. “Nevertheless, since this rule is fashioned around the best interests of the child, it also follows that the type of unusual circumstances most likely to warrant exception are those where discharge is in the best interests of the child. To hold that the general rule of nondischarge-ability should prevail despite adverse effects upon the child would be to ignore the policy considerations behind § 523(a)(5).”

   1 later decision quote this exact passage · from the majority
   e.g. Benjamin v. Douglas (In Re Douglas)