Summary:
Asilonu, while residing in Nigeria, became engaged to Okeiyi's daughter. Okeiyi submitted a Petition for Alien Fiancé on behalf of Asilonu with the United States Citizenship and Immigration Service (“USCIS”) to successfully assist him with gaining U.S. resident status. Subsequently, Okeiyi also executed an Affidavit of Support as a joint sponsor for Asilonu's successful application for permanent residency.
These affidavits are legally binding contracts between the sponsor (Okeiyi) and the United States Government, which may be enforced by the immigrant beneficiary (Asilonu) and obliged Okeiyi to provide Asilonu support at 125 percent of the Federal Poverty Guidelines until a terminating event as defined in the affidavit. Separation and divorce are not terminating events under the affidavit, so of course, Asilonu and Okeiyi's daughter separated. Asilonu, who pursued a graduate degree for several years, brought suit against Okeiyi for this financial support, eventually prevailing after a jury trial and being awarded $45,862.50.
Okeiyi filed Chapter 7 bankruptcy and Asilonu sought to have this debt declared a nondischargeable “domestic support obligation” under 11 U.S.C. § 523(a)(5) or (15) or for willful and malicious injury under 11 U.S.C. § 523(a)(6).
The bankruptcy court dismissed Asilonu’s (a)(5) and (a)(15) claims finding that that Asilonu, as Okeiyi’s former son-in-law, did not fit the statutory requirements for a nondischargeable domestic support debt, which must be owed to a spouse, former spouse, or child. The court further found that a breach of contract, without evidence of intent to cause harm, did not meet the standards for “willful and malicious injury.” Consequently, the court dismissed Asilonu’s claims, ruling the debt dischargeable.
Commentary:
While not necessarily groundbreaking and something of a niche issue, this case serves as a reminder of the limits of dischargeability exceptions in Chapter 7. Some of these issues may be mitigated in Chapter 13 cases, which have less encompassing exceptions to discharge, particularly the differences between 11 U.S.C. § 523(a)(6) and § 1328(a)(4).
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