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United States First Circuit


In re: Smith, 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.

Appellate Information

  • Decided 11/06/2009
  • Published 11/06/2009

Judges

  • TORRUELLA, Circuit Judge., Before TORRUELLA and BOUDIN, Circuit Judges, and SARIS, District Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Clifford P. Gallant, Jr., with whom Beliveau, Fradette, Doyle & Gallant, P.A., was on brief for appellant.

  • For Appellees:
  • Mark P. Cornell, with whom Kelly Ovitt Puc and Cornell and Ovitt Puc, PLLC, was on brief for appellee.
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