In the Matter of Robin Mason & Martin Mason

Respondent Martin Mason appealed a circuit court order which found that his wife Robin's obligation to pay 50% of his federal income taxes was automatically discharged in her proceedings for bankruptcy under Chapter 7 of the United States Bankruptcy Code. On appeal, Martin argued that the trial court erred as a matter of law when it found that Robin's obligation to pay 50% of his 2006 federal income taxes had been discharged in bankruptcy because he failed to make a showing before the bankruptcy court that her obligation was non-dischargeable. Martin also argued that the trial court erred as a matter of law and unsustainably exercised its discretion when it declined to award him attorney's fees and costs. Upon review, the Supreme Court found that the trial court erred as a matter of law when it found that Robin's obligation to pay Martin's 2006 federal income taxes had been discharged in bankruptcy. In light of the Court's reversal of the trial court's order on the merits, Martin became the prevailing party and, therefore, may be entitled to recover costs. Accordingly, the Court remanded the case to the trial court to address this issue. View "In the Matter of Robin Mason & Martin Mason" on Justia Law