payment of DSO post-confirmation in chapter 13
Posted: Fri May 28, 2010 6:01 pm
362(b)(2)(C),DSO creditor getsto collect postpetition support from postpetition income.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II - Costa Mesa, CA
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Fri, May 28, 2010 3:49:55 PM
Subject: [cdcbaa] payment of DSO post-confirmation in chapter 13
Sec 507(a)(1)(A) provides forpriorityas toan allowed, unsecured DSOclaim owed or recoverable asof the filing date. Sec 1322(a)(2) requires that a plan provide for paymentinfull of507 claims. Sec 1325(a)(8) prohibits confirmation unless all DSO that firstbecame payable after the commencement dateare paid.
However,post-confirmation,under the Code, where is the obligation to continue to pay a DSO ? Is the remedy to [a] file a a further claim underSection 1305, supplement the 507(a)(1) claim because the order requiring the support was entered pre-petition (DSO is defined as accruing before, on or after the order for relief Sec. 101(14A)), [c]seek to convert for "cause", or [d]seek relief from stay, in that earnings are propertyof the estate in a Chapter 13 ?
(Perhaps I'm missing something after a long week.)
Eric
362(b)(2)(C), DSO creditor gets to collect postpetition support from postpetition income. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.comPersonal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: "mitnicklaw@aol.com" <mitnicklaw@aol.com>To: cdcbaa@yahoogroups.comSent: Fri, May 28, 2010 3:49:55 PMSubject: [cdcbaa] payment of DSO post-confirmation in chapter 13
Sec 507(a)(1)(A) provides for priority as to an allowed, unsecured DSO claim owed or recoverable as of the filing date. Sec 1322(a)(2) requires that a plan provide for payment in full of 507 claims. Sec 1325(a)(8) prohibits confirmation unless all DSO that first became payable after the commencement date are paid.
However, post-confirmation, under the Code, where is the obligation to continue to pay a DSO ? Is the remedy to [a] file a a further claim under Section 1305, supplement the 507(a)(1) claim because the order requiring the support was entered pre-petition (DSO is defined as accruing before, on or after the order for relief Sec. 101(14A)), [c] seek to convert for "cause", or [d] seek relief from stay, in that earnings are property of the estate in a Chapter 13 ?
(Perhaps I'm missing something after a long week.)
Eric
The post was migrated from Yahoo.