In Re Sharon N. Miller, Debtor. Sharon N. Miller v. Gerald Gentry, ph.d. & Micheline Z. Burger, 55 F.3d 1487 (10th Cir. 1995). · Go Syfert
In Re Sharon N. Miller, Debtor. Sharon N. Miller v. Gerald Gentry, ph.d. & Micheline Z. Burger, 55 F.3d 1487 (10th Cir. 1995). Cases Citing This Book View Copy Cite
152 citation events (82 in the last 25 years) across 57 distinct courts.
Strongest positive: Taylor v. Taylor (ca10, 2013-12-09)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Taylor v. Taylor (2×) also: Cited "see, e.g."
10th Cir. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
with regard to the bankruptcy code, ... where the statutory language is clear, the courts' sole function ... is to enforce it according to its terms.
discussed Cited as authority (verbatim quote) Aldrich v. Papi (In Re Papi) (2×) also: Cited "see, e.g."
Bankr. N.D. Ill. · 2010 · quote attribution · 1 verbatim quote · confidence high
it is the nature of the debt that controls
discussed Cited as authority (rule) McCutcheon v. Davide
Bankr. D.N.M. · 2025 · confidence medium
With respect to the burden of proof, “[e]xceptions to discharge are to be narrowly construed,” and “the objector to discharge has the burden of proving by a preponderance of the evidence that a debt is not dischargeable.” Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir. 1995) (internal quotation marks omitted); see also Grogan v. Garner, 498 U.S. 279, 291 (1991) (“[T]he standard of proof for the dischargeability exceptions in 11 U.S.C. § 523 (a) is the ordinary preponderance-of-the-evidence standard.”); Sw.
discussed Cited as authority (rule) Philip Dean Mannlein
Bankr. D. Idaho · 2024 · confidence medium
Okla. 2023) (“The vast majority of courts … have held that an award of attorney fees is so inextricably intertwined with proceedings affecting the welfare of a child, such as custody or child support litigation, to be deemed ‘support’ within the meaning of § 523(a)(5).”); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1490 (10th Cir. 1995) (“Since determination of child custody is essential to the child’s proper ‘support,’ attorney fees incurred and awarded in child custody litigation should likewise be considered as obligations for support, at least in the absence of clear …
discussed Cited as authority (rule) Robert Pidcock, as Personal Representative of the v. McCune
Bankr. D.N.M. · 2023 · confidence medium
With respect to the burden of proof, “[e]xceptions to discharge are to be narrowly construed” and “the objector to discharge has the burden of proving by a preponderance of the evidence that a debt is not dischargeable.” In re Miller, 55 F.3d 1487, 1489 (10th Cir. 1995) (internal quotation marks omitted); see also Grogan v. Garner, 498 U.S. 279, 291 (1991) (“[T]he standard of proof for the dischargeability exceptions in 11 U.S.C. § 523 (a) is the ordinary preponderance-of-the-evidence standard.”); Alamogordo v. Valdez (In re Valdez), No. 04-15876, 2007 WL 1160357 , at *3 (Bankr.
discussed Cited as authority (rule) Johnson v. Barber
Bankr. D. Utah · 2023 · confidence medium
Sep. 20, 2000). 31 See In re Goin, 808 F.2d 1391, 1392-93 (10th Cir. 1987) (citation omitted). 32 Miller v. Gentry (In re Miller), 55 F.3d 1487, 1490 (10th Cir. 1995) (citing Jones v. Jones (In re Jones), 9 F.3d 878, 881-82 (10th Cir. 1993)).
discussed Cited as authority (rule) Baxter v. Baxter
Bankr. W.D. Okla. · 2023 · confidence medium
Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir. 1995) (citing Sampson, 997 F.2d at 722 ) (“The policy underlying § 523(a)(5), however, favors enforcement of familial support obligations over a ‘fresh start’ for the debtor.”); In re Hanjora, 276 B.R. 822, 825 (Bankr.
discussed Cited as authority (rule) Summer D Baxter
Bankr. W.D. Okla. · 2023 · confidence medium
Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir. 1995) (citing Sampson, 997 F.2d at 722 ) (“The policy underlying § 523(a)(5), however, favors enforcement of familial support obligations over a ‘fresh start’ for the debtor.”); In re Hanjora, 276 B.R. 822, 825 (Bankr.
discussed Cited as authority (rule) Baxter v. Baxter
Bankr. W.D. Okla. · 2023 · confidence medium
Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir. 1995) (citing Sampson, 997 F.2d at 722 ) (“The policy underlying § 523(a)(5), however, favors enforcement of familial support obligations over a ‘fresh start’ for the debtor.”); In re Hanjora, 276 B.R. 822, 825 (Bankr.
discussed Cited as authority (rule) SE Property Holdings, LLC v. Stewart
Bankr. W.D. Okla. · 2022 · confidence medium
Kawaauhua v. Geiger (In re Geiger), 523 U.S. 57 , 118 S.Ct. 974 (1998); Bellco First Federal Credit Union v. Kaspar (In re Kaspar), 125 F.3d 1358, 1361 (10th Cir. 1997); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir. 1995), cert. denied, 516 U.S. 916 , 116 S.Ct. 305 (1995).
discussed Cited as authority (rule) Krizan v. Krizan
Bankr. W.D. Wis. · 2021 · confidence medium
In re Chambers, 348 F.3d 650, 654 (7th Cir. 2003); DeKalb County Div. of Family & Children Servs. v. Platter (In re Platter), 140 F.3d 676, 680 (7th Cir. 1998); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir. 1995), cert. denied, 516 U.S. 916 , 116 S. Ct. 305 , 133 L.
discussed Cited as authority (rule) Krizan v. Krizan
Bankr. W.D. Wis. · 2021 · confidence medium
In re Chambers, 348 F.3d 650, 654 (7th Cir. 2003); DeKalb County Div. of Family & Children Servs. v. Platter (In re Platter), 140 F.3d 676, 680 (7th Cir. 1998); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir. 1995), cert. denied, 516 U.S. 916 , 116 S. Ct. 305 , 133 L.
discussed Cited as authority (rule) Brown v. Prieto
Bankr. W.D. Okla. · 2021 · confidence medium
Bellco First Federal Credit Union v. Kaspar (In re Kaspar), 125 F.3d 1358, 1361 (10th Cir. 1997); Chevy Chase Bank, FSB v. Kukuk (In re Kukuk), 225 B.R. 778, 782 (10th Cir. BAP 1998); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir. 1995), cert. denied, 516 U.S. 916 , 116 S.Ct. 305 (1995).
discussed Cited as authority (rule) Obed Saul Barragan Reyes - Adversary Proceeding
Bankr. W.D. Okla. · 2020 · confidence medium
Bellco First Federal Credit Union v. Kaspar (In re Kaspar), 125 F.3d 1358, 1361 (10th Cir. 1997); Kukuk v. Chevy Chase Bank, FSB (In re Kukuk), 225 B.R. 778, 782 (10th Cir. BAP 1998); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir. 1995), cert. denied, 516 U.S. 916 , 116 S.Ct. 305 (1995).
discussed Cited as authority (rule) Bitner v. Reed (2×) also: Cited "see, e.g."
Bankr. W.D. Mo. · 2020 · confidence medium
Mo. 1996), the court extended Kline and determined that the guardian ad litem fees were in the nature of support and nondischargeable because “the services provided by the [guardian ad litem] on behalf of the minor child were for the child’s benefit and support....” See also Miller, 55 F.3d at 1490 (finding debts to a guardian ad litem who is specifically charged with representing the child’s best interests, relate just as directly to the support of the child as attorney’s fees incurred by the parents in a custody proceeding and the nature of the debt rather than the identity of the …
discussed Cited as authority (rule) Tobias v. Alvarado
Bankr. W.D. Okla. · 2019 · confidence medium
Bellco First Federal Credit Union v. Kaspar (In re Kaspar), 125 F.3d 1358, 1361 (10th Cir. 1997); Chevy Chase Bank FSB v. Kukuk (In re Kukuk), 225 B.R. 778, 782 (10th Cir. BAP 1998); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir.), cert. denied, 516 U.S. 916 , 116 S.Ct. 305 (1995).
discussed Cited as authority (rule) Davis, Matthews & Quigley, P.C. v. Elhag (2×)
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) Christopher A. Trentadue v. Julie M. Gay
7th Cir. · 2016 · confidence medium
However, the underlying policy of the provision exempting DSOs from discharge “favors enforcement of familial support obligations over a ‘fresh start’ for the debtor.” In re Miller, 55 F.3d 1487, 1489 (10th Cir. 1995).
discussed Cited as authority (rule) Trentadue v. Gay
E.D. Wis. · 2015 · confidence medium
See, e.g., Macy v. Macy, 114 F.3d 1 (1st Cir.1997); In re Maddigan, 312 F.3d 589, 594 (2d Cir.2002); In re Peters, 964 F.2d 166 , 167 (2nd Cir.1992); In re Hudson, 107 F.3d 355 , 357 (5th Cir.1997); Rogers v. Morin, 189 Fed.Appx. 299, 302 (5th Cir.2006); In re Dvorak, 986 F.2d 940, 941 (5th Cir.1993); In re Rehkow, 2006 WL 6811011 , at *3-4 (9th Cir. BAP Aug. 17, 2006) aff'd, 239 Fed.Appx. 341 (9th Cir.2007); In re Catlow, 663 F.2d 960, 963 (9th Cir.1981); In re Miller, 55 F.3d 1487, 1490 (10th Cir.1995); In re Jones, 9 F.3d 878, 882 (10th Cir.1993); In re Ratcliff, 195 B.R. 466, 468 (Bankr.C.…
discussed Cited as authority (rule) In re Bub (2×)
Bankr. E.D.N.Y. · 2013 · confidence medium
LEXIS 12900, at *4-9 (4th Cir. June 18, 1998); Strickland v. Shannon (In re Strickland), 90 F.3d 444, 445-47 (11th Cir.1996); Holliday v. Kline (In re Kline), 65 F.3d 749, 751 (8th Cir.1995); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1488-89 (10th Cir.1995); Dvorak v. Carlson (In re Dvorak), 986 F.2d 940, 941 (5th Cir.1993); Giana-kas v. Gianakas (In re Gianakas), 917 F.2d 759, 763-64 (3d Cir.1990); In re Seibert, 914 F.2d 102, 104-07 (7th Cir.1990); Calhoun v. Long (In re Calhoun), 715 F.2d 1103, 1107 (6th Cir.1983).
discussed Cited as authority (rule) In Re Anderson
Bankr. N.D. Ill. · 2011 · confidence medium
The Miller opinion held that, “Since determination of child custody is essential to the child’s proper ‘support,’ attorney fees incurred and awarded in child custody litigation should likewise be considered as obligations for ‘support.’” Miller, 55 F.3d at 1490 (citations omitted). “[D]ebts to a guardian ad litem, who is specifically charged with representing the child’s best interests, and a psychologist hired to evaluate the family in child custody proceedings, can be said to relate just as directly to the support of the child as attorney’s fees incurred by the parents in…
discussed Cited as authority (rule) Altman v. Johnson (In Re Johnson)
Bankr. D. Mass. · 2011 · confidence medium
See also Forsdick v. Turgeon, 812 F.2d 801, 804 (2nd Cir.1987) (Section 523(a)(5) favors enforcement of familial obligations over general bankruptcy policy of discharging debt); Tilley v. Jessee, 789 F.2d 1074, 1077 (4th Cir.1986) (same); In re Kline, 65 F.3d 749, 751 (8th Cir.1995) (same); In re Sternberg, 85 F.3d 1400 , 1405 (9th Cir.1996) (same); In re Miller, 55 F.3d 1487, 1489 (10th Cir.1995), petition for cert. filed sub nom., Miller v. Gentry, 516 U.S. 916 , 116 S.Ct. 305 , 133 L.Ed.2d 210 (1995) (same).
discussed Cited as authority (rule) Kassicieh v. Battisti (In Re Kassicieh) (2×)
Bankr. S.D. Ohio · 2010 · confidence medium
See Holliday v. Kline (In re Kline), 65 F.3d 749, 750 (8th Cir.1995) (concluding that “attorney fee awards that are in the nature of maintenance or support can be nondischargeable under § 523(a)(5) even if payable directly to the attorney”); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1490 (10th Cir.1995) (agreeing with other courts that “form should not be placed over substance and that it is the nature of the debt that controls, not the identity of the payee”); Dvorak v. Carlson (In re Dvorak), 986 F.2d 940, 941 (5th Cir.1993) (“Because the fees charged by [attorney and guardia…
discussed Cited as authority (rule) Simon, Schindler & Sandberg, LLP v. Gentilini (In Re Gentilini)
Bankr. S.D. Florida · 2007 · confidence medium
See e.g., Falk & Siemer, LLP v. Maddigan (In re Maddigan), 312 F.3d 589, 594 (2d Cir.2002); Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1141 (9th Cir.1998); Hudson v. Raggio & Raggio, Inc. (Matter of Hudson), 107 F.3d 355, 357 (5th Cir.1997) (citing to and relying on Dvorak v. Carlson (Matter of Dvorak), 986 F.2d 940 (5th Cir.1993)); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1490 (10th Cir.1995) (citing to and relying on Jones v. Jones (In re Jones), 9 F.3d 878 (10th Cir.1993)).
examined Cited as authority (rule) Stewart v. Walker (In Re Stewart) (3×)
3rd Cir. · 2006 · confidence medium
Looking to the date of the bankruptcy filing to determine whether a debt is non-dischargeable under § 523(a)(5) is consistent with the purpose of that section, which “favors enforcement of familial support obligations over a ‘fresh start’ for the debtor.” In re Miller, 55 F.3d 1487, 1489 (10th Cir.1995).
discussed Cited as authority (rule) Ruhlen v. Montgomery (In Re Montgomery)
Bankr. C.D. Cal. · 2004 · confidence medium
Accord Falk & Siemer, LLP v. Maddigan (In re Maddigan), 312 F.3d 589, 593 (2d Cir.2002) (stating the fact that a debt is payable to a third party does not prevent classification of that debt as nondis-chargeable under § 523(a)(5)); Williams v. Kemp (In re Kemp), 232 F.3d 652, 653 (8th Cir.2000) (stating that it is the nature of the debt, not the identity of the payee, that determines the debt's nondischargeability under § 523(a)(5)); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1490 (10th Cir.1995), cert. denied, 516 U.S. 916 , 116 S.Ct. 305 , 133 L.Ed.2d 210 (1995) (holding that guardian …
discussed Cited as authority (rule) Landry v. Soffee (In Re Soffee)
Bankr. E.D. Va. · 2004 · confidence medium
The debts to a guardian ad litem “can be said to relate just as directly to the support of the child as attorney’s fees incurred by the parents in a custody proceeding.” Miller v. Gentry (In re Miller), 55 F.3d 1487, 1490 (10th Cir.1995).
discussed Cited as authority (rule) Bradford County Children & Youth Services v. Wise (In re Wise)
Bankr. M.D. Penn. · 2002 · confidence medium
In re Peters, 133 B.R. 291 (S.D.N.Y.1991) (attorney fees); Matter of Gwinn, 20 B.R. 233 (9th Cir. BAP 1982) (attorney fees); In re Kloss, 29 B.R. 720, 721 (Bankr.M.D.Pa.1983) (attorney fees); In re Chang, 163 F.3d 1138 (9th Cir.1998), certiorari denied, Chang v. Beaupied, 526 U.S. 1149 , 119 S.Ct. 2029 , 143 L.Ed.2d 1039 (Mem) (1999) (guardian fees); In re Lombardo, 224 B.R. 774 (Bankr.S.D.Cal.1998) (attorney fees); In re Weisberg, 218 B.R. 740 (Bankr.E.D.Pa.1998) (guardian fees); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir.1995) (Guardian ad litem and psychologist fees).
discussed Cited as authority (rule) Brasher v. Turner (In Re Turner)
10th Cir. BAP · 2001 · confidence medium
In Miller v. Gentry (In re Miller), 55 F.3d 1487, 1490 (10th Cir.1995), the Tenth Circuit Court of Appeals applied the Jones reasoning to costs of a guardian ad litem and a psychologist that were incurred in connection with a child custody proceeding.
cited Cited as authority (rule) Lowther v. Lowther (In Re Lowther)
10th Cir. BAP · 2001 · confidence medium
Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir.1995) (citing Jones, 9 F.3d at 880 ).
discussed Cited as authority (rule) Mendez v. Mendez (In Re Mendez)
Bankr. W.D. Pa. · 2001 · confidence medium
Holliday v. Kline (In re Kline), 65 F.3d 749, 751 (8th Cir.1995); In re Miller, 55 F.3d 1487, 1490 (10th Cir.), cert. denied, 516 U.S. 916 , 116 S.Ct. 305 , 133 L.Ed.2d 210 (1995); Rosenman v. Jarrell (In re Jarrell), 251 B.R. 448, 451 (Bankr.S.D.N.Y.2000).
examined Cited as authority (rule) Baker v. Baker (In Re Baker) (3×)
Bankr. D.S.C. · 2000 · confidence medium
Thus, §§ 523(a)(5) and (a)(15) of the Bankruptcy Code depart from the general policy that a debtor should receive a “fresh start” through bankruptcy and rather “ ‘enforce an overriding public policy favoring the enforcement of family obligations.’ ” Robinson v. Robinson (In re Robinson), 193 B.R. 367, 372 (Bankr.N.D.Ga.1996) (quoting Shaver v. Shaver (In re Shaver), 736 F.2d 1314, 1315-16 (9th Cir.1984)); see also Holliday v. Kline, 65 F.3d 749, 751 (8th Cir.1995); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir.1995); In re Holt, 40 B.R. at 1011 .
discussed Cited as authority (rule) Merrill v. Merrill (In Re Merrill)
10th Cir. BAP · 2000 · confidence medium
“The term ‘support’ is to be read broadly and in a realistic manner.” Dewey v. Dewey (In re Dewey), 223 B.R. 559, 564 (10th Cir. BAP 1998) (citing Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489-90 (10th Cir.1995).
discussed Cited as authority (rule) Williams v. Kemp (In Re Kemp)
8th Cir. BAP · 1999 · confidence medium
See Kline, 65 F.3d at 751 (attorney’s fees are in the nature of support and nondis-chargeable even if payable directly to the attorney rather than to the child or former spouse); Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1141-42 (9th Cir.1998) (guardian ad litem expenses nondis-chargeable even though not payable to the child); Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 357 (5th Cir.1997); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1490 (10th Cir.1995); Pauley v. Spong (In re Spong), 661 F.2d 6, 11 (2d Cir.1981).
discussed Cited as authority (rule) Melinda Williams v. John R. Kemp, Jr.
8th Cir. BAP · 1999 · confidence medium
See Kline, 65 F.3d at 751 (attorney’s fees are in the nature of support and nondischargeable even if payable directly to the attorney rather than to the child or former spouse); Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1141-42 (9th Cir. 1998)(guardian ad litem expenses nondischargeable even though not payable to the child); Hudson v. Raggio & Raggio, Inc. (In re Hudson), 107 F.3d 355, 357 (5th Cir. 1997); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1490 (10th Cir. 1995); Pauley v. Spong (In re Spong), 661 F.2d 6, 11 (2d Cir. 1981).
discussed Cited as authority (rule) Williams v. Kemp (In Re Kemp)
Bankr. W.D. Mo. · 1999 · confidence medium
The Eighth Circuit stated: “ ‘The policy underlying section 523(a)(5) ... favors enforcement of familial support obligations over a “fresh start” for the debtor.’ ” Id. (quoting In re Miller; 55 F.3d 1487, 1489 (10th Cir.1995)).
cited Cited as authority (rule) Kelley v. Ward
10th Cir. · 1999 · confidence medium
E.g., In re Miller, 55 F.3d 1487, 1489 (10th Cir. 1995).
discussed Cited as authority (rule) Sinton v. Blaemire (In Re Blaemire)
Bankr. D. Md. · 1999 · confidence medium
Similarly, the Tenth Circuit pointed out in the case of In re Miller, 55 F.3d 1487, 1490 (C.A.10 1995), that the fees of a guardian ad litem and psychologist incurred in divorce/custody proceedings, and ordered by the state court to be paid in a sum certain by an ex-spouse/parent directly to the guardian ad litem and psychologist, are not discharge-able.
discussed Cited as authority (rule) Beaupied v. Chang (In re Chang) (2×)
9th Cir. · 1998 · confidence medium
In In re Miller, 55 F.3d 1487, 1488 (10th Cir.1995), the Tenth Circuit asked whether guardian ad litem and psychologist fees, incurred in divorce and child custody proceedings and ordered to be paid directly to the guardian ad litem and psychologist, were dis-chargeable.
discussed Cited as authority (rule) 41 Collier bankr.cas.2d 305, Bankr. L. Rep. P 77,859, 98 Cal. Daily Op. Serv. 9385, 99 Cal. Daily Op. Serv. 9385, 98 Daily Journal D.A.R. 13,101, 3 Cal. Bankr. Ct. Rep. 30 in Re Amy Chang, Debtor. Aleta Beaupied George O. Ting v. Amy Chang (2×)
9th Cir. · 1998 · confidence medium
The Kline court held that "the statute continues to except from discharge attorney fees, even if payable to an attorney rather than to a former spouse, if such fees are in the nature of maintenance or support of the former spouse or of the child of the debtor." Id. 14 In In re Miller, 55 F.3d 1487, 1488 (10th Cir.1995), the Tenth Circuit asked whether guardian ad litem and psychologist fees, incurred in divorce and child custody proceedings and ordered to be paid directly to the guardian ad litem and psychologist, were dischargeable.
discussed Cited as authority (rule) Dennison v. Hammond (In Re Hammond)
Bankr. D. Utah · 1998 · confidence medium
Dennison bears the burden of proving by a preponderance of the evidence that the HHEICO Debt is not dis-chargeable under § 523(a)(5). 13 Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir.1995), cert. denied, 516 U.S. 916 , 116 S.Ct. 305 , 133 L.Ed.2d 210 (1995).
discussed Cited as authority (rule) Chevy Chase Bank FSB v. Kukuk (In Re Kukuk)
10th Cir. BAP · 1998 · confidence medium
Credit Union v. Kaspar (In re Kaspar), 125 F.3d 1358, 1361 (10th Cir.1997); Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489 (10th Cir.), cert. denied, 516 U.S. 916 , 116 S.Ct. 305 , 133 L.Ed.2d 210 (1995); First Bank v. Mullet (In re Mullet), 817 F.2d 677, 680 (10th Cir.1987); Driggs v. Black (In re Black), 787 F.2d 503, 505 (10th Cir.1986).
cited Cited as authority (rule) Dewey v. Dewey (In Re Dewey)
10th Cir. BAP · 1998 · confidence medium
Miller v. Gentry (In re Miller), 55 F.3d 1487, 1489-90 (10th Cir.1995), cert. denied, 516 U.S. 916 , 116 S.Ct. 305 , 133 L.Ed.2d 210 (1995); Jones, 9 F.3d at 881 .
examined Cited as authority (rule) Stark v. Bishop (3×) also: Cited "see, e.g."
4th Cir. · 1998 · signal: cf. · confidence medium
Cf. Miller v. Gentry (In re Miller), 55 F.3d 1487, 1490 (10th Cir. 1995) (holding that debts to a guardian ad litem are in the nature of child support in part because the guardian is obligated to help the court determine the custody arrange- ment that is in the best interest of the child).
cited Cited as authority (rule) Tadisch v. Tadisch (In Re Tadisch)
Bankr. E.D. Wis. · 1998 · confidence medium
Shannon v. Strickland, 207 B.R. 752, 753 (M.D.Fla.1995), aff'd, 90 F.3d 444 (11th Cir.1996); Macy v. Macy, 114 F.3d 1, 3 (1st Cir.1997); In re Miller, 55 F.3d 1487, 1489 (10th Cir.1995).
cited Cited as authority (rule) In Re Allen
Bankr. S.D. Ill. · 1998 · confidence medium
See 4 Collier on Bankruptcy, ¶ 523.11[4], 523-79 to 523-80 (15th ed. rev.1997); see also In re Kline, 65 F.3d 749, 751 (8th Cir.1995); In re Miller, 55 F.3d 1487, 1490 (10th Cir.1995).
discussed Cited as authority (rule) In Re Akamine (2×) also: Cited "see"
S.D.N.Y. · 1998 · confidence medium
In re Spong, 661 F.2d at 9-11 (debtor's obligation to pay former spouse's legal bill in connection with divorce proceedings constituted debt "to a . . . former spouse"); see also Holliday v. Kline ( In re Kline ), 65 F.3d 749, 751 (8th Cir.1995) (same); In re Miller, 55 F.3d at 1489-90 (debtor's obligation to pay fees owed to guardian ad litem and psychologist in connection with custody/divorce proceedings constituted debt "to a . . . child of the debtor"); In re Peters, 133 B.R. at 295-96 (debtor's obligation to pay fees owed to guardian ad litem in connection with custody proceedings constit…
discussed Cited as authority (rule) Brennan, Fabriani & Novenstern v. Akamine (2×) also: Cited "see"
S.D.N.Y. · 1998 · confidence medium
In re Spong, 661 F.2d at 9-11 (debtor’s obligation to pay former spouse’s legal bill in connection with divorce proceedings constituted debt “to a ... former spouse”); see also Holliday v. Kline (In re Kline), 65 F.3d 749, 751 (8th Cir.1995) (same); In re Miller, 55 F.3d at 1489-90 (debtor’s obligation to pay fees owed to guardian ad litem and psychologist in connection with custody/divorce proceedings constituted debt “to a ... child of the debtor”); In re Peters, 133 B.R. at 295-96 (debtor’s obligation to pay fees owed to guardian- ad litem in connection with custody proceedi…
discussed Cited as authority (rule) Ceconi v. Uriarte (In Re Uriarte)
Bankr. D.N.J. · 1997 · confidence medium
Miller v. Gentry (In re Miller), 55 F.3d 1487, 1488 (10th Cir. 1995);Dvorak v. Carlson (In re Dvorak), 986 F.2d 940, 941 (5th Cir.1993); Walter v. Neville (In re Neville), 1997 WL 419386 *1, *1 (Bankr.W.D.Tenn.); Madden v. Staggs (In re Staggs), 203 B.R. 712, 722 (Bankr.W.D.Mo.1996); Pleban v. O’Toole (In re O’Toole), 194 B.R. 629, 630 (Bankr.E.D.Mo.1996); Walker v. Laing (In re Laing), 187 B.R. 531, 532 (Bankr.W.D.Va.1995); Constantine, 183 B.R. at 336 ; Baillargeon v. Stacey (In re Stacey), 164 B.R. 210, 212 (Bankr.D.N.H.1994); Swartzberg v. Lockwood (In re Lockwood), 148 B.R. 45, 48 (Ba…
cited Cited as authority (rule) Smith v. Smith (In Re Smith)
Bankr. S.D. Ga. · 1997 · confidence medium
In re Kline, 65 F.3d 749, 751 (8th Cir.1995); In re Miller 55 F.3d 1487, 1489 (10th Cir.1995), cert. denied, 516 U.S. 916 , 116 S.Ct. 305 , 133 L.Ed.2d 210 (1995).
Retrieving the full opinion text from the archive…
In Re Sharon N. MILLER, Debtor. Sharon N. MILLER, Plaintiff-Appellant,
v.
Gerald GENTRY, Ph.D. and Micheline Z. Burger, Defendants-Appellees
94-3225.
Court of Appeals for the Tenth Circuit.
May 19, 1995.
55 F.3d 1487
1995 U.S. App. LEXIS 12107
Jan Hamilton, Hamilton, Peterson, Tipton & Keeshan, Topeka, KS, for plaintiff-appellant., Micheline Z. Burger, Olathe, KS, for defendants-appellees.
Henry, Mekay, Logan.
Cited by 97 opinions  |  Published
HENRY, Circuit Judge.

This appeal raises the question of whether guardian ad litem and psychologist fees, incurred in divorce/child custody proceedings and ordered by the state court to be paid in a certain sum by an ex-spouse/parent directly to the guardian ad litem and psychologist, are dischargeable by the ex-spouse/parent in bankruptcy. [1] We affirm the judgment of the district court that these fees are nondis-chargeable in bankruptcy under 11 U.S.C. § 523(a)(5).

Sharon and Stephen Miller were involved in divorce proceedings before the District Court of Johnson County, Kansas, and that court appointed a guardian ad litem and psychologist (defendants) in connection with the proceedings. The state court entered a Decree Determining Custody, Support, and Division of Assets providing, in relevant part, that Sharon Miller was to pay $2,000.00 to the guardian ad litem toward her fees, and $1,567.00 to the psychologist toward his bill for services. A Journal Entry of Judgment was entered by the state court reflecting that judgment was granted in favor of the guardian ad litem and psychologist and against Sharon Miller in the amounts indicated above. The state court judgment specifically provided that each of those judgments was in the nature of support on behalf of the parties’ minor children and, as such, neither were dischargeable in bankruptcy. Thereafter, Sharon Miller filed a petition in bankruptcy and later filed an adversary proceeding, seeking a determination that her debts to defendants were dischargeable.

Ruling on defendants’ motion for summary judgment in the adversary proceeding, the bankruptcy court found that it was not bound by either the state court’s characterization of the debts as in the nature of support on behalf of the children, or that court’s ultimate conclusion that the debts were not dis-chargeable in bankruptcy. Reaching the merits of the case, the bankruptcy court found that the debts were not owed to a spouse, former spouse, or child of the debtor as required for exception from discharge by the plain language of 11 U.S.C. § 523(a)(5), [2] and that, therefore, the debts were dis-chargeable in Sharon Miller’s bankruptcy.

[*1489] Defendants appealed, and the district court reversed the bankruptcy court’s decision. Miller v. Gentry (In re Miller), 169 B.R. 715, 721 (D.Kan.1994). The district court found that this court’s decision in Jones v. Jones (In re Jones), 9 F.3d 878 (10th Cir.1993), handed down after the bankruptcy court decision in this case, controlled and compelled the conclusion that the guardian ad litem and psychologist fees were nondischargeable. Miller, 169 B.R. at 720, 721.

Whether the guardian ad litem and psychologist fees awarded in this case come within the § 523(a)(5) exception to discharge is a question of federal law, which we review de novo. See Jones, 9 F.3d at 880. Some general tenets of bankruptcy law are instructive in deciding this issue. The Supreme Court has recently reiterated, with regard to the Bankruptcy Code, that “[w]here the statutory language is clear, [the courts’] sole function ... is to enforce it according to its terms.” Rake v. Wade, — U.S. -, -, 113 S.Ct. 2187, 2191, 124 L.Ed.2d 424 (1993) (quotations omitted) (third alteration in original). Exceptions to discharge are to be narrowly construed, so as to effect the “fresh start” purpose of bankruptcy. Jones, 9 F.3d at 880. The policy underlying § 523(a)(5), however, favors enforcement of familial support obligations over a “fresh start” for the debtor. Sampson v. Sampson (In re Sampson), 997 F.2d 717, 722 (10th. Cir.1993). “Further, the objector to discharge has the burden of proving by a preponderance of the evidence that a debt is not dischargeable.” Janes, 9 F.3d at 880.

The bankruptcy court read the plain language of the statute to require that the debt be to a spouse, former spouse, or child of the debtor, in order to be excepted from discharge in bankruptcy under § 523(a)(5). See also Eisen v. Linn (In re Linn), 38 B.R. 762, 763 (9th Cir. BAP 1984); Holliday v. Kline (In re Kline) , 174 B.R. 525, 527-28 (W.D.Mo.1994); Hartley v. Townsend (In re Townsend), 177 B.R. 902, 904-05 (Bankr.E.D.Mo.1995); Newmark v. Newmark (In re Newmark), 177 B.R. 286, 289 (Bankr.E.D.Mo.1995); Cooper v. Garcia (In re Garcia), 174 B.R. 529, 531 (Bankr.W.D.Mo.1994).

We are bound, however, by the precedent established by prior panels of this court; “[w]e cannot overrule the judgment of another panel of this court.” In re Smith, 10 F.3d 723, 724 (10th Cir.1993) (per curiam), cert. denied, — U.S. -, 115 S.Ct. 53, 130 L.Ed.2d 13 (1994). In reversing the bankruptcy court’s decision, the district court found that our opinion in Jones constituted controlling precedent and that Jones dictated that the debts in this case were nondis-chargeable. We must also examine Jones to determine whether it controls the disposition of this case and compels the outcome reached by the district court.

The factual scenario in Jones involved a mother who was ordered by the state court to pay the father’s attorney’s fees incurred in custody modification proceedings. The mother declared bankruptcy, and this court held that her debt for the father’s attorney’s fees was nondischargeable under § 523(a)(5). The analysis focused entirely upon whether the debt was in the nature of support. We held that it would be inappropriate to require a bankruptcy court to determine the purpose of the custody action and that “in all custody actions, the court’s ultimate goal is the welfare of the child.” Jones, 9 F.3d at 881. Given that premise, we broadly interpreted the term “support” as used in § 523(a)(5) to conclude that “court-ordered attorney’s fees arising from post-divorce custody actions are deemed in the nature of support under § 523(a)(5) as being incurred on behalf of the child,” and that, therefore, the debt was non-dischargeable. Id. at 881-82.

We recognize that Jones does not address the precise issue presented by this case. In fact, it is not readily apparent from Jones whether the state court ordered the mother to pay the attorney’s fees directly to the attorney or to the father. We note, however, that the father’s attorney is listed in the caption of Jones as a plaintiff-appellee, possibly indicating that the court ordered the mother to pay the fees to the attorney. Cf. O’Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears v. Perlin (In re Perlin), 30 F.3d 39, 42 (6th Cir.1994) (holding that attorneys lacked standing to contest dis-chargeability of fee award because debtor[*1490] owed debt for fees to former spouse, not attorneys). Jones does not acknowledge the statutory language requiring that a debt be “to a spouse, former spouse, or child of the debtor” in order to be nondischargeable under § 523(a)(5).

We conclude that, even though it does not address the precise issue with which we are presented here, this court’s opinion in Jones controls the case before us and compels the conclusion that the debts Sharon Miller was ordered to pay to defendants are not dischargeable in bankruptcy under § 523(a)(5). In reaching that conclusion, we adhere to the interpretation of § 523(a)(5) by this court in Jones, where the emphasis was placed on the determination of whether a debt is in the nature of support, rather than on the identity of the payee. Jones, 9 F.3d at 881-82. Specifically, Jones instructs that

11 U.S.C. § 523(a)(5) should be read as using the term ‘support’ in a realistic manner; the term should not be read so narrowly as to exclude everything bearing on the welfare of the child but the bare paying of bills on the child’s behalf.
Since determination of child custody is essential to the child’s proper ‘support,’ attorney fees incurred and awarded in child custody litigation should likewise be considered as obligations for ‘support,’ at least in the absence of clear indication of special circumstances to the contrary.”

Id. at 881 (quoting Holtz v. Poe (In re Poe), 118 B.R. 809, 812 (Bankr.N.D.Okla.1990)). Indeed, debts to a guardian ad litem, who is specifically charged with representing the child’s best interests, and a psychologist hired to evaluate the family in child custody proceedings, can be said to relate just as directly to the support of the child as attorney’s fees incurred by the parents in a custody proceeding.

This court is not alone in its interpretation of § 523(a)(5). At least one circuit court has addressed this specific issue. The Second Circuit held in Pauley v. Spong (In re Spong), 661 F.2d 6 (2d Cir.1981), that to hold a debt dischargeable simply because the money was payable to someone other than the spouse, would be to put form over substance, in contravention of established bankruptcy law. Id. at 9. [3] Similarly, several recent bankruptcy court opinions have specifically rejected a strict plain language interpretation of § 523(a)(5) and have held that it is the nature of the debt owed that determines its dischargeability, not the identity of the payee. See Catalona v. Holdenried (In re Holdenried), 178 B.R. 782, 785-86 (Bankr.E.D.Mo.1995); Brown v. Brown (In re Brown), 177 B.R. 116, 118-119 (Bankr.M.D.Fla.1994); Sweck v. Sweck (In re Sweck), 174 B.R. 532, 536 & n. 5 (Bankr.D.R.I.1994).

In addition, several cases that, like Jones, focus the analysis on the nature of the debt rather than the identity of the payee, have held fees incurred in divorce or child custody proceedings to be nondischargeable. Some of the cases identify whether the state court ordered the fee paid to a former spouse or to a third party, but some do not. The implication in all of them, however, is that form should not be placed over substance and that it is the nature of the debt that controls, not the identity of the payee. See Joseph v. J. Huey O’Toole, P.C. (In re Joseph), 16 F.3d 86 (5th Cir.1994); Dvorak v. Carlson (In re Dvorak), 986 F.2d 940 (5th Cir.1993); Peters v. Hennenhoeffer (In re Peters), 964 F.2d 166 (2d Cir.1992); Silansky v. Brodsky, Greenblatt & Renehan (In re Silansky), 897 F.2d 743 (4th Cir.1990); Williams v. Williams (In re Williams), 703 F.2d 1055 (8th Cir.1983).

Guided by this court’s decision in Jones, and recognizing the weight of authority from other circuits, we hold that Sharon Miller’s debts to defendants are nondischargeable in bankruptcy under § 523(a)(5). We, therefore, AFFIRM the judgment of the district court.

1

. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

2

. Section 523(a)(5) of the Bankruptcy Code excepts from discharge any debt

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, determination made in accordance with State or territorial law by a governmental unit, or properly settlement agreement, but not to the extent that—
(A) such debt is assigned to another entity, voluntarily, by operation of law, or otherwise (other than debts assigned pursuant to section 402(a)(26) of the Social Security Act, or any such debt which has been assigned to the Federal Government or to a State or any political subdivision of such State); or
(B) such debt includes a liability designated as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance, or support.
3

. We note, however, that the dissent in Spong and at least one bankruptcy court have questioned the reliability of the legislative history interpretation by the Spong majority. Spong, 661 F.2d at 11 (Lumbard, J., dissenting); see also Kline, 174 B.R. at 528.