The Impact of the Automatic Stay on Domestic Relations Proceedings

By Professor Michaela M. White*

PART I - INTRODUCTION

Domestic Support Obligation or “DSO” is a statutory term of art and defined in § 101(14A). In broad terms, DSO is the post-2005 version of our old friends “alimony, maintenance and support.” The new term is broader than are these, but the Code still requires us to distinguish a DSO from a “property settlement” for most of the same reasons, but for a few more as well. Not only is the distinction important for stay applicability questions, but also for priority status and dischargeability determinations.

Taken as a whole, it could . . .

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