How do courts handle alimony arrears in a Chapter 7 asset liquidation case versus a Chapter 13 wage earner plan?
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How do courts handle alimony arrears in a Chapter 7 asset liquidation case versus a Chapter 13 wage earner plan?
1 real search · 1 real-search pass
U.S. Bankruptcy Code domestic support obligations Chapter 7 523(a)(5) 507(a)(1) Chapter 13 1322(a)(2) 1328(a) 1325(a)(8) official statuteGoogle ↗
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ChatGPT1 real searches · gpt-6
U.S. Bankruptcy Code domestic support obligations Chapter 7 523(a)(5) 507(a)(1) Chapter 13 1322(a)(2) 1328(a) 1325(a)(8) official statute Google ↗
- usc-cdn.house.gov · usc-cdn.house.gov
- U.S.C. Title 11 · govinfo.gov
- uscode.house.gov · uscode.house.gov
- than a domestic support obligation. The difference is significant as domestic support obligations are non-dischargeable in bankruptcy, see 11 U.S.C. § 523(a)(5), entitled to first priority treatment, see 11 U.S.C. § 507(a)(1), and, in most Chapter 13 cases, must be paid in full. See 11 U.S.C. § 1322(a)(2), (4). In contrast, property settlements are generally treated as general unsecured claims and are dischargeable in Chapter 13 cases. See 11 U.S.C. § 1328(a)(2). · nhb.uscourts.gov
- In Chapter 13 cases, in order to obtain confirmation, plans must provide for payment in full of claims entitled to priority. 11 U.S.C. §1322(a)(2). “Domestic support obligations” are entitled to priority. 11 U.S.C. §507(a)(1)(A). Further, “domestic support obligations” are excepted from the general discharge granted to debtors upon completion of Chapter 13 plan payments. 11 U.S.C. §§523(a)(5), 1328(a)(2). In contrast, property settlement obligations are not entitled to priority status and are su · ilcb.uscourts.gov
- U.S.C. Title 11 · govinfo.gov