Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix A Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The proposed rules and Committee notes are set forth below, with changes indicated by striking through deleted text and underlining new text. Rule 2002. Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief...
From the Editor – Best Interests of Creditors Test
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By The Honorable William Houston Brown (Retired)
Postpetition domestic support obligation was not allowed claim and best interests test failed. Although the Code defines domestic support obligation to include pre- and postpetition obligations, and the debtor may deduct postpetition domestic support obligations in the projected disposable income calculation, § 502(b)(5) disallows a claim to the extent it is for a debt unmatured at petition date, while the debt is excepted from discharge under § 523(a)(5). Only the prepetition DSO claim is an “allowed claim,” notwithstanding other Code requirements that the debtor pay postpetition domestic . . .
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