37 Collier bankr.cas.2d 1109, Bankr. L. Rep. P 77,390, 11 tex.bankr.ct.rep. 184 in the Matter of Scott Wesley Hudson, Debtor. Scott Wesley Hudson v. Raggio & Raggio, Inc., 107 F.3d 355 (5th Cir. 1997). · Go Syfert
37 Collier bankr.cas.2d 1109, Bankr. L. Rep. P 77,390, 11 tex.bankr.ct.rep. 184 in the Matter of Scott Wesley Hudson, Debtor. Scott Wesley Hudson v. Raggio & Raggio, Inc., 107 F.3d 355 (5th Cir. 1997). Cases Citing This Book View Copy Cite
“he bankruptcy code limits the opportunity for a new beginning to 'the honest but unfortunate debtor.”
172 citation events (149 in the last 25 years) across 38 distinct courts.
Strongest positive: Michelena v. Michelena (txsb, 2022-06-02)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) Michelena v. Michelena
Bankr. S.D. Tex. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence low
he bankruptcy code limits the opportunity for a new beginning to 'the honest but unfortunate debtor.
discussed Cited as authority (rule) In re: Eric Ralls v. Plantsnap, Inc.
Bankr. E.D. Tex. · 2026 · confidence medium
All exceptions to discharge under 11 U.S.C. § 523 “are strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio 24 Collateral estoppel and issue preclusion are the same concept, and both terms are used interchangeably. 25 Mot., at 1, ECF No. 13. -9- (Matter of Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) In re: Eric Ralls v. DEJ Partners, LLC
Bankr. E.D. Tex. · 2026 · confidence medium
All exceptions to discharge under 11 U.S.C. § 523 “are strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) NextGear Capital, Inc. v. Guillermo Garcia and Rocio Socorro Garcia
Bankr. W.D. Tex. · 2026 · confidence medium
Tex. 2020) (quoting Norris v. Hearst Tr., 500 F.3d 454 , 461 n.9 (5th Cir. 2007)) (citing Cinel v. Connick, 15 F.3d 1338 , 1343 n.6 (5th Cir. 1994)). 18 Cowin v. Countrywide Home Loans, Inc. (In re Cowin), 864 F.3d 344, 349 (5th Cir. 2017) (citing Grogan v. Garner, 498 U.S. 279, 284 (1991)). 19 Cadle Co. v. Duncan (In re Duncan), 562 F.3d 688, 695 (5th Cir. 2009) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)). 20 Pl.’s Compl. at 5. 21 11 U.S.C. § 523 (a)(4). 22 Pl.’s Compl. at 4–5.
discussed Cited as authority (rule) Nashaud Prasla v. Kimberly Jo Kinser, Kinser Law, PLLC, and Kinser & Esquinazi, PLLC
Bankr. E.D. Tex. · 2026 · confidence medium
Exceptions to discharge under 11 U.S.C. § 523 must be strictly construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) In re: Peter R. Olson v. Bridgette Williams
Bankr. M.D. Fla. · 2026 · confidence medium
Laborers Pension Tr. for S. Cal., 508 U.S. 602, 622 (1993) (internal quotation omitted)). 102 In re Harris, 3 F.4th at 1345 (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997); Gleason v. Thaw, 236 U.S. 558 (1915)).
discussed Cited as authority (rule) In Re: William Glenn Johns v. David Rutan and Michelle Rutan
Bankr. N.D. Tex. · 2026 · confidence medium
Burden of Proof Because the Bankruptcy Code provides the court shall grant a debtor a discharge unless a statutory exception applies, “exceptions [to discharge] are construed strictly against the creditor and liberally in favor of the debtor.” Cadle Co. v. Duncan (In re Duncan), 562 F.3d 688, 695 (5th Cir. 2009) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)).
discussed Cited as authority (rule) Triumphant Gold v. Matloff
5th Cir. · 2025 · confidence medium
Additionally, the exceptions to discharge established by §§ 727(a) and 523(a) “are construed strictly against the creditor and liberally in favor of the debtor.” In re Duncan, 562 F.3d 688, 695 (5th Cir. 2009) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)); In re Braziel, 653 B.R. at 545.
discussed Cited as authority (rule) White v. Salcedo
Bankr. E.D. Tex. · 2025 · confidence medium
All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) Evans v. Marshall
Bankr. E.D. Tex. · 2025 · confidence medium
All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) White v. Marshall
Bankr. E.D. Tex. · 2025 · confidence medium
All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) Carbaidwala v. Gerleman
Bankr. E.D. Tex. · 2025 · confidence medium
All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” FNFS, Ltd. v. Harwood (In re Harwood), 637 F.3d 615, 619 (5th Cir. 2011) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)); Lawrence v. Frost Bank (In re Lawrence), No. 21-10103, 2022 U.S. App. LEXIS 886 , 2022 WL 118966 , at *1 (5th Cir. Jan. 12, 2022).
discussed Cited as authority (rule) Simmons v. Simmons
Bankr. E.D. Tex. · 2025 · confidence medium
All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) Lee v. Choi
Bankr. N.D. Tex. · 2025 · confidence medium
Harwood (In re Harwood), 637 F.3d 615, 619 (5th Cir. 2011) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)). 15 11 U.S.C. § 523 (a)(2)(A) (2018). default judgment was entered against Ms. Choi.
discussed Cited as authority (rule) Veritas Vincit, LLC v. Brown
Bankr. E.D. Tex. · 2024 · confidence medium
All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) Chainy v. Smith
Bankr. E.D. Tex. · 2024 · confidence medium
ECF No. 20 at 6 ¶ 13. -10- under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) Happy Hollow Ranch, LP v. Howley
Bankr. N.D. Tex. · 2024 · confidence medium
The State Court expressly held in its Conclusions of Law that Defendant “fraudulently fil[ed] false documents with the Texas Secretary of State,” and made “numerous false representations . . . to HH and Chuck and Nancy.”66 Plaintiffs have not merely shown that a false representation was made to a single plaintiff—they have shown that false representations were made to every plaintiff.67 Defendant emphasizes the fundamental principle that discharge exceptions “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor 64 See App. pt…
discussed Cited as authority (rule) Bell Nunnally & Martin LLP v. Kuper
Bankr. N.D. Tex. · 2023 · confidence medium
Importantly, it is a “basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.”63 For these reasons, the Court finds that BNM has failed to carry its burden of proving by a preponderance of the evidence that the Kupers knowingly and fraudulently made a false oath in relation to their income. 63 Packer, 816 F.3d at 91 (quoting Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)); see also Crumley, 428 B.R. at 356 .
cited Cited as authority (rule) The Guarantee Company of North America USA v. Dowdy
Bankr. E.D. Tex. · 2023 · confidence medium
Id. (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997) ) In this proceeding, the Surety invokes § 727(a)(4) to deny the Debtor a discharge.
discussed Cited as authority (rule) Weisbart v. Siddiqi
Bankr. E.D. Tex. · 2023 · confidence medium
“Intertwined with this [court’s review] is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Judgment Factors, L.L.C. v. Packer (In re Packer), 816 F.3d 87, 91 (5th Cir. 2016) (quoting Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 346 (5th Cir. 1997)).
cited Cited as authority (rule) ReMa Energy LLC v. Texas Permian Oil & Gas Company, Inc.
Bankr. N.D. Tex. · 2023 · confidence medium
Id. (citing Hudson v. Raggio (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)).
discussed Cited as authority (rule) Robertson v. Murray
Bankr. S.D. Miss. · 2023 · confidence medium
Robertson Proved Willful and Malicious Injury Under § 523(a)(6). “[E]xceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) Warren v. Warren
Bankr. M.D. Fla. · 2022 · confidence medium
Fla. Nov. 5, 2019) (citing Shotz v. City of Plantation, Fla. 344 F.3d 1161, 1164 (11th Cir. 2003)). 18 Harris v. Jayo (In re Harris), 3 F.4th 1339, 1345 (11th Cir. 2021) (quoting Grogan v. Garner, 498 U.S. 279, 284 (1991)). 19 Id. (quoting Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)). collateral estoppel may apply to establish the non-dischargeability of a creditor’s claim.20 Simply put, “[c]ollateral estoppel prevents the relitigation of issues already litigated and determined by a valid and final judgment in another court.”21 A court may apply coll…
discussed Cited as authority (rule) Harrison, Jr v. Simon
Bankr. M.D. La. · 2022 · confidence medium
N.D.N.Y. 2009) ("The denial of a discharge is one of the harshest and most punitive sanctions in bankruptcy, and must not be undertaken lightly.")). 18 Judgment Factors, L.L.C. v. Packer (In re Packer), 816 F.3d 87 (5th Cir. 2016). 19 Id. at 91 (quoting Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir.1997)).
discussed Cited as authority (rule) Coffman v. Deuel
Bankr. E.D. Tex. · 2022 · confidence medium
All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) Pastorek, M.D. v. Mijares
Bankr. N.D. Tex. · 2022 · confidence medium
Dischargeability of the Plaintiff’s Claims In an action to determine the dischargeability of a debt, the party promoting the exception to discharge must prove by a preponderance of the evidence that the debt is nondischargeable.48 Exceptions to discharge must be strictly construed against the creditor and liberally construed in favor of the debtor.49 47 Wingate v. Hajdik, 795 S.W.2d 717, 719 (Tex. 1990) (stating that the general rule that a shareholder cannot properly recover damages for injury to a corporation “does not, of course, prohibit a stockholder from recovering damages for wrongs…
discussed Cited as authority (rule) CHP v. Schwyhart
5th Cir. · 2022 · confidence medium
It is “the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor.” Matter of Hudson, 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) Neary v. Lindeman
Bankr. N.D. Tex. · 2022 · confidence medium
Tex. 2006). 126 Packer, 816 F.3d at 91 (quoting Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)); see also Benchmark Bank v. Crumley (In re Crumley), 428 B.R. 349, 356 (Bankr.
discussed Cited as authority (rule) Playa Shirley, LLC v. Badeaux
Bankr. E.D. La. · 2022 · confidence medium
Bankruptcy Code section 727(a)(2) provides: (a) The court shall grant the debtor a discharge, unless—… (2) the debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate charged with custody of property under this title, has transferred, removed, destroyed, mutilated, or concealed, or has permitted to be transferred, removed, destroyed, mutilated, or concealed— (A) property of the debtor, within one year before the date of the filing of the petition; or (B) property of the estate, after the date of the filing of the petition; … A plaintiff must prove four e…
discussed Cited as authority (rule) Lou v. Ochello
Bankr. S.D. Miss. · 2022 · confidence medium
CONCLUSIONS OF LAW “[E]xceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) A/C Supply, Inc. v. Botsay
Bankr. S.D. Miss. · 2022 · confidence medium
“The exceptions are construed strictly against the creditor and liberally in favor of the debtor.” Cadle Co. v. Duncan (In re Duncan), 562 F.3d 688, 695 (5th Cir. 2009) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)).
discussed Cited as authority (rule) American Technology, Inc. v. Balistreri-Amrhein
Bankr. E.D. Tex. · 2021 · confidence medium
All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) South Louisiana Bank v. Hebert, Jr.
Bankr. E.D. La. · 2021 · confidence medium
“Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Id. (quoting Hudson v. Raggio & Raggio, Inc., (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)).
discussed Cited as authority (rule) Poddar v. Hamza-Haris
Bankr. E.D. Tex. · 2021 · confidence medium
All exceptions to discharge under 11 U.S.C. § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio (Matter of Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
cited Cited as authority (rule) Simpson v. Carter
Bankr. N.D. Ga. · 2021 · confidence medium
Tex. 2011) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 357 (5th Cir. 1997)).
discussed Cited as authority (rule) Parkin v. Jamieson
Bankr. E.D. Tex. · 2021 · confidence medium
“Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” FNFS, Ltd. v. Harwood (In re Harwood), 637 F.3d 615, 619 (5th Cir. 2011) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)). 5.
discussed Cited as authority (rule) Swift Financial, LLC Servicing Agent for WebBank e v. Opoku
Bankr. E.D. Tex. · 2020 · confidence medium
All exceptions to discharge under § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.”38 Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) Ginger Leigh Havard
Bankr. E.D. La. · 2020 · confidence medium
“Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio & Raggio, Inc. (In Re Hudson), 107 F.3d 355, 356 (5th Cir. 1997) (citation omitted).
discussed Cited as authority (rule) Davidson v. Havard
Bankr. E.D. La. · 2020 · confidence medium
“Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio & Raggio, Inc. (In Re Hudson), 107 F.3d 355, 356 (5th Cir. 1997) (citation omitted).
discussed Cited as authority (rule) Davidson v. Havard
Bankr. E.D. La. · 2020 · confidence medium
“Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio & Raggio, Inc. (In Re Hudson), 107 F.3d 355, 356 (5th Cir. 1997) (citation omitted).
discussed Cited as authority (rule) Clay v. Whitten
Bankr. S.D. Miss. · 2020 · confidence medium
Tex. June 10, 2011); Fezler v. Davis (In re Davis), 194 F.3d 570 , 6 Hereinafter, all code sections refer to the Code found at Title 11 of the United State Code, unless otherwise noted. 573 (5th Cir. 1999); Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997). 1.
cited Cited as authority (rule) Simmons v. Bohanna, Jr.
Bankr. E.D. Tex. · 2019 · confidence medium
FNFS, Ltd. v. Harwood (In re Harwood), 637 F.3d 615, 619 (5th Cir. 2011) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson)), 107 F.3d 355, 356 (5th Cir. 1997)). 10.
cited Cited as authority (rule) Pool v. WINSTEAD
Bankr. S.D. Miss. · 2019 · confidence medium
Feb. 4, 2011); Fezler v. Davis (In re Davis), 194 F.3d 570, 573 (5th Cir. 1999); Hudson v. Raggio &Raggio (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997); Jordan v. Se.
discussed Cited as authority (rule) Davis, Matthews & Quigley, P.C. v. Elhag
Bankr. N.D. Ga. · 2019 · confidence medium
R.I. 1994); Porter v. Gwinn (In re Gwinn), 20 B.R. 233 (9th Cir. B.A.P. 1982); see also Falk & Siemer LLP v. Maddigan (In re Maddigan), 312 F.3d 589 (2nd Cir. 2002) (fee award payable to attorney of non-spouse-mother of child of debtor nondischargeable); Beaupied v. Chang (In re Chang), 163 F.3d 1138 , 1141 (9th Cir. 2002) (fees of guardian ad litem in custody dispute; “the identity of the payee is less important than the nature of the debt”); In re Miller, 55 F.3d 1487, 1488 (10th Cir.1995) (guardian ad litem and psychologist fees of debtor’s child); Hudson v. Raggio & Raggio (In re Hud…
discussed Cited as authority (rule) Benchmark Bank v. Stapleton
Bankr. E.D. Tex. · 2019 · confidence medium
All exceptions to discharge under §523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be -9- afforded a fresh start.”14 Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997). 5.
discussed Cited as authority (rule) Benchmark Bank v. Stapleton
Bankr. E.D. Tex. · 2019 · confidence medium
All exceptions to discharge under §523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.”14 Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997). 5.
discussed Cited as authority (rule) Frost Bank v. Lawrence
Bankr. N.D. Tex. · 2019 · confidence medium
For Frost Bank to recover on the promissory notes, it must prove: “(1) the note in question, (2) the 106 FNFS, Ltd. v. Harwood (In re Harwood), 637 F.3d 615,619 (5th Cir. 2011) (citing Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997)). 107 11 U.S.C. § 523 (a)(2)(A) (2018) (emphasis added). party sued signed the note, (3) the plaintiff is the owner or holder of the note, and (4) a certain balance is due and owing on the note.”108 8.
discussed Cited as authority (rule) Bruce v. Long
Bankr. E.D. Tex. · 2019 · confidence medium
All exceptions to discharge under § 523 “must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.”14 Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997). 14 However, a fresh start is not promised to all who file for bankruptcy relief, but only to “the honest but unfortunate debtor.” Grogan, 498 U.S. at 286-87 . -8- Standards for Issue Preclusion (Collateral Estoppel). 6.
discussed Cited as authority (rule) Hiner v. Koukhtiev (In re Koukhtiev)
Bankr. S.D. Tex. · 2017 · confidence medium
“Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the Debtor may be afforded a fresh start.” Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
discussed Cited as authority (rule) Charles Cowin v. Countrywide Home Loans, Inc., et
5th Cir. · 2017 · confidence medium
“Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start.” Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 356 (5th Cir. 1997).
Retrieving the full opinion text from the archive…
37 Collier bankr.cas.2d 1109, Bankr. L. Rep. P 77,390, 11 tex.bankr.ct.rep. 184 in the Matter of Scott Wesley Hudson, Debtor. Scott Wesley Hudson
v.
Raggio & Raggio, Inc.
96-10522.
Court of Appeals for the Fifth Circuit.
Mar 19, 1997.
107 F.3d 355

107 F.3d 355

37 Collier Bankr.Cas.2d 1109, Bankr. L. Rep. P 77,390,
11 Tex.Bankr.Ct.Rep. 184
In the Matter of Scott Wesley HUDSON, Debtor.
Scott Wesley HUDSON, Appellant,
v.
RAGGIO & RAGGIO, INC., Appellee.

No. 96-10522

Summary Calendar.
United States Court of Appeals,
Fifth Circuit.

March 19, 1997.

Weldon Leslie Moore, III, Malouf, Lynch, Jackson, Kessler & Collins, Dallas, TX, Mark S. Farha, Dallas, TX, for Appellant.

Kenneth G. Raggio, Raggio & Raggio, Dallas, TX, pro se.

Appeal from the United States District Court for the Northern District of Texas.

Before JONES, DeMOSS and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

[*~355]1

Appellant Scott Wesley Hudson ("Hudson") appeals an order declaring that attorney's fees awarded directly to an attorney in a Texas state court proceeding regarding Hudson's financial responsibilities to his child are excepted from discharge in Bankruptcy pursuant to 11 U.S.C. § 523(a)(5). We affirm.

FACTS AND PROCEEDINGS BELOW

2

The bankruptcy court granted Appellee, Raggio & Raggio, Inc.'s ("Raggio") motion for summary judgment, declaring that fees awarded directly to the Raggio law firm for representation of Hudson's child's mother in a state court paternity proceeding are excepted from discharge pursuant to 11 U.S.C. § 523(a)(5). The district court affirmed the bankruptcy court.

3

The child's mother engaged Raggio to pursue a paternity and support suit in Texas state court. After extended pre-trial proceedings and a thirteen-day jury trial, the state court entered a final decree finding that Hudson was the father of the child and ordering him to pay certain amounts toward her support. It also included a judgment against Hudson for $100,000 of attorney's fees, payable directly to Raggio. The decree specifically found the fees to be "reasonable and necessary to protect and defend the rights of the child and to provide for the support of the child, and further attributable to the fraud and the intentional (or malicious) conduct of Scott Wesley Hudson toward the child."

STANDARD OF REVIEW

4

We review the grant of summary judgment de novo, applying the same criteria as the bankruptcy court. See Waggoner v. Garland, 987 F.2d 1160, 1163 (5th Cir.1993). Whether a particular debt is a support obligation, excepted from discharge under 11 U.S.C. § 523(a)(5) is a question of federal bankruptcy law, not state law. Hill v. Snider (In re Snider ), 62 B.R. 382, 384 (Bankr.S.D.Tex.1986). Plaintiff Raggio has the burden of proving by a preponderance of the evidence that this debt is non-dischargeable. In re Bradford, 22 B.R. 899 (Bankr.W.D.Okla.1982). Intertwined with this burden is the basic principle of bankruptcy that exceptions to discharge must be strictly construed against a creditor and liberally construed in favor of a debtor so that the debtor may be afforded a fresh start. Murphy & Robinson Inv. Co. v. Cross (In re Cross), 666 F.2d 873, 880 (5th Cir.1982).IS THE JUDGMENT FOR ATTORNEY'S FEES DISCHARGEABLE?

5

Hudson posits his position as a straightforward application of the plain meaning rule: the court must interpret an unambiguous statute according to its ordinary and contemporary common meaning. United States v. Ron Pair Enterprises, Inc., 489 U.S. 235, 240-41, 109 S.Ct. 1026, 1030, 103 L.Ed.2d 290 (1989). Hudson contends that the plain language of § 523(a)(5) precludes summary judgment for Raggio. In pertinent part, § 523(a)(5) provides:

6

(a) A discharge under ... this title does not discharge an individual debtor from any debt

7

(5) To a spouse, former spouse or child of the debtor, for alimony to, maintenance for or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, ... but not to the extent that--

8

(A) such a debt is assigned to another entity....

[*~356]9

Hudson argues that the plain language of § 523(a)(5)(A) does not include the judgment in question because Raggio is not the spouse, former spouse or child of the debtor. Our precedent precludes this argument. A court ordered obligation to pay attorney fees charged by an attorney that represents a child's parent in child support litigation against the debtor is non-dischargeable. Dvorak v. Carlson (In re Dvorak), 986 F.2d 940, 941 (5th Cir.1993). Because the ultimate purpose of such a proceeding is to provide support for the child, the attorney fees incurred inure to her benefit and support, and therefore fall under the exception to dischargeability set out in § 523(a)(5). See id. Hudson further contends that because the fees are payable directly to Raggio, rather than to the child, the debt is "assigned to another entity" and is therefore dischargeable under subsection (A). We disagree with Hudson's characterization of the order as an "assignment." Rather, Raggio supplied a necessary service for the child and Hudson is responsible for paying that fee as part of his support obligation. See In re Williams, 703 F.2d 1055, 1057 (8th Cir.1983)("Undertakings by one spouse to pay the other's debts, including a debt to a lawyer for fees, can be 'support' for bankruptcy purposes."); In re Gwinn, 20 B.R. 233, 234 (9th Cir. BAP 1982)("A claim for attorney's fees awarded to the debtor's wife's attorney in a divorce action is non-dischargeable ... even though the debt was payable directly to the attorney."); In re Spong, 661 F.2d 6, 10 (2nd Cir.1981). This is no different from an obligation to pay medical bills incurred by a child directly to the care provider.

10

WERE FEES FOR SOMETHING OTHER THAN SUPPORT?

11

The above discussion assumes that Raggio's services were correctly characterized by the bankruptcy court as necessary to provide support for the child. On appeal, Raggio argues that the fees were incurred at least partially for attorney's services other than establishing Hudson's child support obligation. He relies on a statement in the State Court Judgment that:

12

"All fees awarded in this judgment are and were reasonable and necessary to protect and defend the rights of the child and to provide for the support of the child, and further attributable to the fraud and the intentional (or malicious) conduct of Scott Wesley Hudson toward the child."

13

Hudson contends that a genuine issue of material fact existed concerning what portion of the attorneys fees was attributable to the support obligation and which portion was attributable to the fraud arising from the termination of a Hudson Family Trust. Hudson failed to raise this argument before the bankruptcy court or the district court. Issues raised for the first time on appeal are reviewed only for plain error. McCann v. Texas City Refining, Inc., 984 F.2d 667, 673 (5th Cir.1993). This court may correct a plain error only if it seriously affected the "fairness, integrity, or public reputation" of the judicial proceedings. United States v. Calverley, 37 F.3d 160, 164 (5th Cir.1994)(en banc), cert. denied, 513 U.S. 1196, 115 S.Ct. 1266, 131 L.Ed.2d 145 (1995). Hudson's argument inspires no such concerns. In addition to the support obligations in question, the Bankruptcy Code excepts from discharge various debts involving fraud, § 523(a)(2)(A), and "willful and malicious injury by the debtor to another entity or to the property of another entity." § 523(a)(6). The impact of these sections was not briefed or discussed by the parties in this court or below. Hudson cannot prevail on this issue, given the state of the record before this Court. He has not established either plain error or that the alleged error seriously affected the fairness, integrity or public reputation of these proceedings.

COLLATERAL ESTOPPEL

14

Hudson argues that if the child's mother had the financial ability to pursue the state court litigation, then the attorney's fees award was not necessary to enable her to pursue child support; ergo, the fees are not in the nature of support and are dischargeable, citing In re Schiltz, 97 B.R. 671 (Bankr.N.D.Ga.1986). He goes on to argue that the bankruptcy court's finding that the state court decision had collateral estoppel effect was error because the state court did not specifically address whether the child's mother had the financial ability to pursue state court litigation without an award of attorneys fees. Although never before raised and rejected in Fifth Circuit jurisprudence, this argument is inconsistent with Dvorak, where we held attorney's fees related to establishment of support obligations non-dischargeable without reference to the financial need of the support obligee at the beginning of the litigation. See Dvorak, 986 F.2d at 941. We therefore decline Hudson's invitation to require proof of financial ability in § 523(a)(5) analysis.

CONCLUSION

15

For the foregoing reasons, we AFFIRM the district court's order affirming the grant of summary judgment for Raggio.

[*~357]16

AFFIRMED.