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In re Ashworth, CDCA 10/1/2012: Determining Whether A Debt Owed Is A DSO
Jay;
I had an issue recently with my clients being taken to court for the charges for the detention of their juvenile delinquent daughter after their Chapter 7 discharge. The WIC Statute refers to it as "support" even though it was really for incarceration.
I decided not to bring it to the bankruptcy court, much based on the reasoning below, in that I had no idea whether the bankruptcy court would give "comity" to the state court.
It was one of the more interesting and difficult interpretations of the discharge order I've had in a long time.
Steve
Steven B. Lever
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