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IN RE SMITH

BAP No. 08-006. Bankruptcy No. 07-12195-JMD.

398 B.R. 715 (2008)

Nelson J. SMITH, Debtor. Nelson J. Smith, Appellant, v. Rita M. Pritchett, Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

December 29, 2008.

Attorney(s) appearing for the Case

Mark P. Cornell, Esq., and Kelly Ovitt Puc, Esq., on brief for Appellant.

Clifford P. Gallant, Jr., Esq., on brief for Appellee.

Before VOTOLATO, LAMOUTTE, and FEENEY, United States Bankruptcy Appellate Panel Judges.

LAMOUTTE, Bankruptcy Judge.

Nelson Smith (the "Debtor") appeals from the bankruptcy court order overruling the Debtor's objection to the proof of claim filed by his former spouse, Rita Pritchett ("Pritchett"), and denying the Debtor's motion to avoid Pritchett's lien. The outcome of both matters turned on the bankruptcy court's finding that Pritchett's claim, which consisted entirely of penalties for late alimony payments, is a "domestic support obligation" within...

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