Family Law and Bankruptcy Part III

By Michaela M. White, Professor of Law, Creighton Law School

Priority Claims

Some support claims, but not property settlements, are entitled to priority under § 507. Prior to the 2005 amendments, support claims had seventh priority. The 2005 amendments elevated DSOs to first priority. 11 U.S.C. § 507(a)(1); Collier Family Law ¶ 3.04[3].

Priority status is particularly important and powerful in chapters 11, 12 and 13. Chapters 12 and 13 do not permit confirmation of a debtor's plan over the objection of priority claimants unless the plan provides for full payment of . . .

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