Child Support Arrears Included in Chapter 13, but Still Paying After Discharge

[kst34]

My question involves bankruptcy in the state of: Texas
I file chapter13 under the old law back in 2005 my arrears was included in it the money was sent to LA.county calf.

[Mr. Knowitall]

Past due child support arrears should not have been included in a Chapter 13 plan, even prior to 1985, although the issue would be moot if the plan called for a 100% repayment of the past due support.

[despritfreya]

Past due child support arrears should not have been included in a Chapter 13 plan, even prior to 1985, although the issue would be moot if the plan called for a 100% repayment of the past due support.

Post deleted as I missed pre-BAPCPA part. . . In it's place. . .

Prior to the implementation of BAPCPA (10/17/05) the claim for support, while not a 1st priority claim, was still a priority claim and had to be paid through the Plan (1322(a)(2)). Support was a 7th priority claim (507(a)(7)).

So, OP's Plan should have provided for it.

Des.