Family Law under amended code

The amended Bankruptcy Code accords lots of ink to family support claims owed by the debtor. The definition of a priority support claim is expanded to cover claims held by others; support claims are alloted a higher priority for payment; and Chapter 13 debtors must repeatedly prove that they are current on post-filing support to move forwards with their case.

The other significant change is that amended §523(a)(15) now makes all debts arising in divorce proceedings non dischargeable in Chapter 7, eliminating the "weighing of the hardships" test for dischargeability found in prior law.

As a result, obligations to idemnify the other spouse with respect to debts of the marriage, or to make payments to equalize the division of property, will survive a Chapter 7 discharge. They will remain dischargeable in Chapter 13.