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IN RE SMITH

No. 09-9005.

586 F.3d 69 (2009)

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

United States Court of Appeals, First Circuit.

Decided November 6, 2009.

Attorney(s) appearing for the Case

Clifford P. Gallant, Jr., with whom Beliveau, Fradette, Doyle & Gallant, P.A., was on brief for appellant.

Mark P. Cornell, with whom Kelly Ovitt Puc and Cornell and Ovitt Puc, PLLC, was on brief for appellee.

Before TORRUELLA and BOUDIN, Circuit Judges, and SARIS, District Judge.

TORRUELLA, Circuit Judge.

This is an appeal of an order of the Bankruptcy Appellate Panel ("BAP") reversing an order of the Bankruptcy Court. The BAP held that a late payment penalty was not a domestic support obligation and thus dischargeable in bankruptcy. After thorough consideration, we affirm.

I. Facts & Procedural History

The issue in this appeal arises from the marriage and subsequent divorce of Nelson J. Smith and Rita M. Pritchett. The...

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