Section 507 (a)(7) - Applicable to Tenant/Debtor?
Posted: Tue Jan 12, 2016 3:02 pm
My debtor has a Judgment - Unlawful Detainer entered pre-petition. The judgment creditor has a filed a claim for the full amount (5 figure). a claim and is claiming a priority underSection 507 (a)(7). My reading of this section would lead me to believe it might apply to a landlord/debtor situation but not a tenant/debtor situation. I called creditor counsel who did not offer a theory on the matter. I have found a case where fees and expenses in a child custody proceeding were entitled to priority (In re Chang, 163 F.3rd 1138) 9th cir (1998) however in Chang it appears they held non-dischargability under 523(a)(5).
I am thinking I need to object to the priority portion of the claim. Am I missing something?
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