Kassicieh v. Battisti (In re Kassicieh)

Full title: In re Charles KASSICIEH, Debtor. Charles Kassicieh, Plaintiff–Appellant…

Court: United States Bankruptcy Appellate Panel of the Sixth Circuit.

Date published: Nov 27, 2012

482 B.R. 190 (B.A.P. 6th Cir. 2012)

Opinion

BAP No. 12–8015.

2012-11-27

In re Charles KASSICIEH, Debtor. Charles Kassicieh, Plaintiff–Appellant, v. Eugene F. Battisti, Jr., Defendant–Appellee.

ARTHUR I. HARRIS

Appeal from the United States Bankruptcy Court for the Southern District of Ohio, Case No. 07–54523; Adv. No. 08–2250.
ARGUED: Michael T. Gunnar, Hilliard, OH, for Appellant. Judith M. McInturff, Columbus, OH, for Appellee. ON BRIEF: Michael T. Gunnar, Hilliard, OH, for Appellant. Judith M. McInturff, Columbus, OH, for Appellee.

Before: EMERSON, HARRIS, and McIVOR, Bankruptcy Appellate Panel Judges.

OPINION

ARTHUR I. HARRIS, Bankruptcy Judge.

This appeal presents the issue of whether fees owed to a court-appointed guardian ad litem constitute a “domestic support obligation” under Section 101(14A) of the Bankruptcy Code and are therefore a nondischargeable debt. After reviewing the record, the parties' briefs, and applicable law, and after the benefit of oral argument, the Panel concludes that the bankruptcy court did not err in determining that the fees owed to the guardian ad litem constitute a “domestic support obligation.” Accordingly, the fees owed are nondischargeable under Section 523(a)(5) of the Bankruptcy Code, and we affirm for the reasons stated in the bankruptcy court's well-written opinion entered on March 30, 2012, In re Kassicieh, 467 B.R. 445 (Bankr.S.D.Ohio 2012).