Rehkow
Rehkow v. Lewis (In re Rehkow)
Opinion
Lead Opinion
MEMORANDUM **
William A. Rehkow (Rehkow) appeals pro se from a decision by the Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court’s summary judgment in favor of Rehkow’s ex-wife, Kimberly Lewis (Lewis). Lewis filed a complaint seeking to have certain fees stemming from the divorce deemed a non-dischargeable debt. The bankruptcy court determined that $12,482.37 was a non-dischargeable support obligation pursuant to 11 U.S.C. § 523 (a)(5). We have jurisdiction pursuant to 28 U.S.C. § 158 (d), and we affirm.
We review de novo all decisions of the BAP. In re Johnston, 21 F.3d 323, 326 (9th Cir.1994). The parties are familiar with the prior proceedings.
The question whether a debt is a non-dischargeable support obligation is a factual determination by the bankruptcy court as a matter of federal law, but a particularly relevant factor is how the state characterizes the debt. See In re Chang, 163 F.3d 1138 , 1140 (9th Cir.1998). In this case, the bankruptcy court considered that the Arizona Superior Court awarded $12,482.37 pursuant to Ariz.Rev.Stat. § 25-324 (Dissolution of Marriage, Attorneys’ Fees) for fees incurred as a result of custody issues concerning the parties’…