Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

A domestic support obligation claimholder is prohibited from intercepting a Chapter 13 debtor’s post-confirmation income if such is inconsistent with the debtor’s plan and confirmation order. State of Florida Department of Revenue v. Gonzalez (In re Gonzalez), 2016 WL 4245422 (11th Cir. August 11, 2016) (Siler)

Case Summary

In May of 2011, Gonzalez filed a Chapter 13 petition. He proposed in his plan that arrearages to a domestic support obligation claimholder would be paid in . . .

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