In re Doe, 93 B.R. 608, 613 (Bankr.W.D.Tenn. 1988); In re Zimmer, 27 B.R. 132, 134 (Bankr.S.D.Ohio 1983). While federal law is controlling on this question, a district court may look to state law, its rules, definitions and requirements, to determine whether the obligation embodied in the decree is in the nature of support.
2. Dischargeability of Disputed Marital Debts The first step in any analysis of ยง 523(a)(5) is determining whether the marital debts in question are actually owed. Zimmer v. Zimmer (In re Zimmer), 27 B.R. 132, 134 (Bankr. S.D. Ohio 1983) (dismissing adversary complaint in absence of evidence of debt owed to former spouse). Unless this first step is met, the Court need not approach the second step, determining whether the marital debts in question are in the nature of alimony, maintenance, or support as a matter of federal law.
Debts "clearly in the nature of support" are normally nondischargeable. Zimmer v. Zimmer (In re Zimmer), 27 B.R. 132, 134 (Bankr.S.D.Ohio 1983). Calhoun's rationale will not be read too narrowly however, since Calhoun more basically concerns an issue of whether there is in fact a state-law created support obligation.
Page 697. In evaluating the respective rights of the parties in this case the following language from In Re Zimmer, 27 B.R. 132, 134 (Bankr.S.D. Ohio W.D.1983), is instructive:. In this action under ยง 523(a)(5), plaintiff has the affirmative burden of proving the existence of a debt and that the debt in question is in the nature of alimony, maintenance, or support.
Providing shelter for an ex-wife is clearly in the nature of alimony, support and maintenance of the former spouse. In re Zimmer, 27 B.R. 132 (Bankr.S.D.Ohio 1983). We have also stated:
The Court's analysis need proceed no further if it resolves this issue in the negative. In re Zimmer, 27 B.R. 132 (Bkrtcy.S.D.Ohio 1983); In re Hileman, 24 B.R. 397 (Bkrtcy.S.D.Ohio 1982). Assuming that a debt exists, the Court must then decide "whether the state court or the parties to the divorce intended to create an obligation to provide" for alimony, maintenance or support.
"Providing shelter for an ex-spouse is clearly in the nature of alimony as support and maintenance of the former spouse." In re Zimmer, 27 B.R. 132, 134 (Bkrtcy.S.D.Ohio 1983). Further, it is of no consequence that the agreement contains a "no alimony" provision, for the language in the agreement is not determinative. Matter of Gentile, supra. p. 383.
Where, however, the actions of a private institution such as withholding a transcript, are really tools to collect a discharged debt or a debt provided for under a plan, debtors are denied the fresh start contemplated by Congress in enacting the Bankruptcy Code. In re Lanford at 486; In re Ware at 374 citing In re Heath, 1 CBC 2d 736, 742, 27 B.R. 132 (N.D.Ill. 1980). As indicated above, the Debtor has proposed 100% repayment on the arrearages and has made substantial payments towards current tuition.