Separate Classification of Child Support Arrearages in a Chapter 13 Bankruptcy Plan: In re Leser

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Authors
Wilcox, Nathan B.
Issue Date
1992
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INTRODUCTION|When an individual who has family support obligations files Chapter 13 bankruptcy, a troublesome conflict arises. The problem of how courts should treat family obligation debts in Chapter 13 bankruptcy raises questions of discrimination, federalism, and social policy.|The United States Court of Appeals for the Eighth Circuit recently decided the case of In re Leser in which the Eighth Circuit was forced to address the issue of how to treat child support arrearages in a Chapter 13 plan. The question before the court, an issue of first impression in the Eighth Circuit, was whether a child support claim assigned to a county collection agency could be separately classified from other unsecured obligations and paid in full under the plan...
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25 Creighton L. Rev. 977 (1991-1992)
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Creighton University School of Law
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