Mothershed v. County of San Joaquin

Full title: WILLIE N. MOTHERSHED a/k/a WILLIAM R. RICHARDSON, Plaintiff v. COUNTY OF…

Court: United States District Court, M.D. Georgia, Macon Division

Date published: May 22, 2007

5:06-CV-415 (WDO) (M.D. Ga. May. 22, 2007)

Opinion

5:06-CV-415 (WDO).

May 22, 2007

ORDER

WILBUR OWENS JR., District Judge

Plaintiff filed this case seeking to prevent Defendants from collecting child support and other related debts claiming that the debts were discharged in bankruptcy. The matter is before the Court on Defendants' motions to dismiss. Defendants correctly argue that the debts in issue are not dischargeable in bankruptcy. See 11 U.S.C. § 523(a)(5); In re Omine, ___ F.3d ___, 2007 WL 1373812, *13 (11^th Cir. May 11, 2007) (recognizing the non-dischargeability of domestic support obligations; In re Kemp, 232 F.3d 652, 653 (8^th Cir. 2000) ("The policy underlying § 523 favors the enforcement of familial obligations over a fresh start for the debtor."). Plaintiff therefore failed to state a claim on which this Court has jurisdiction to grant relief. Defendants' motions to dismiss are GRANTED.

SO ORDERED.