Charles A. Pasco

UNITED STATES BANKRUPTCY COURT FOR THE
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
In re:
Charles A. Pasco
Debtor.
Chapter 13
Case No. 20-41305 (TNAP)
Judge Tiiara N.A. Patton
ORDER OVERRULING OBJECTION TO INTENT TO ENTER ORDER
OF DISCHARGE FILED BY LAURIE A. PASCO
This matter came before the Court on the Objection to Notice of Intent to Enter
Order of Discharge filed by Laurie A. Pasco on November 13, 2025 (ECF Docket No. 44) (the
“Objection”). Ms. Pasco contends in the Objection that she holds a $52,500 non-dischargeable
debt against Debtor, Charles A. Pasco, by virtue of a prepetition Agreed Magistrate’s Order entered
in their divorce proceedings pending in the Ashtabula County Court of Common Pleas. The Debtor
filed a response to the Objection, asserting that the obligation created under the Magistrate’s Order
is not a domestic support obligation under 11 U.S.C. §523(a)(5) and is therefore dischargeable
under 11 U.S.C. §1328(a)(2). The Court conducted a hearing on the Objection on December 3,
The court incorporates by reference in this paragraph and adopts as the findings and orders of this court
the document set forth below. This document was signed electronically on December 9, 2025, which may be
different from its entry on the record.
IT IS SO ORDERED.
Dated: December 9, 2025
20-41305-tnap Doc 49 FILED 12/09/25 ENTERED 12/09/25 15:17:37 Page 1 of 3

2
2025 and heard arguments of the parties. At the hearing, counsel for the parties consented to having
the Court rule on the Objection based upon the written filings and without further hearing. The
Court, having considered the Objection and response and all exhibits attached thereto, and the
arguments presented, finds as follows:
A. 	The claim of Ms. Pasco is not a domestic support obligation under 11 U.S.C.
§523(a)(5). See Objection, Exh. A, ¶¶ 10(A) and (D). To the extent that the claim is a property
settlement in the course of the parties’ divorce proceedings under 11 U.S.C. §523(a)(15), the claim
is not excepted from a debtor’s chapter 13 discharge. 11 U.S.C. §1328(a); Mele v. Mele (In re
Mele), 501 B.R. 357, 368 (B.A.P. 9th Cir. 2013); see also, Pennsylvania Dep't of Pub. Welfare v.
Davenport, 495 U.S. 552, 562–63 (1990) (the dischargeability of debts in chapter 13 that are not
dischargeable in chapter 7 represents a policy choice of Congress).
B. 	There is no language in the Magistrate’s Order evidencing the creation of a
constructive trust over the funds at issue in the Objection and, accordingly, this Court cannot
impose one. See McCafferty v. McCafferty (In re McCafferty), 96 F.3d 192 (6th Cir. 1996).
IT IS HEREBY ORDERED THAT:
1. 	The Objection to Notice of Intent to Enter Order of Discharge (ECF Docket
No. 44) is OVERRULED.
2. 	Upon the Debtor’s completion of all payments under the Confirmed Chapter
13 plan and entry of a discharge pursuant to 11 U.S.C. §1328(a), the Debtor’s personal liability to
Ms. Pasco under the Magistrate’s Order shall be discharged.
3. 	To the extent that Ms. Pasco is determined to hold an equitable lien or
similar in rem interest against Debtor’s real property located at 5189 Dibble Rd., Kingsville, Ohio
20-41305-tnap Doc 49 FILED 12/09/25 ENTERED 12/09/25 15:17:37 Page 2 of 3

2
(to which this Court makes no finding), such equitable lien or in rem interest is not avoided in this
proceeding and shall survive the Debtor’s discharge.
4. 	The Court shall issue a separate Order and Notice of Discharge.
# # #
20-41305-tnap Doc 49 FILED 12/09/25 ENTERED 12/09/25 15:17:37 Page 3 of 3