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In re: Smith, No. 09-9005

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


Before:  Boudin, Torruella, and Saris, Circuit Judges

Opinion by Torruella, Circuit Judge


For Appellant:  Clifford P. Gallant, Jr., Beliveau Fradetter Doyle & Gallant, PA.

For Appellee:  Mark P. Cornell, Kelly Ovitt Puc, Cornell and Ovitt Puc, PLLC.