Title Robert/Teresa Trobaugh
Judge
Paul Mannes
Entered
Case Number
04-23534
Summary

The Debtors objected to the proof of claim filed on behalf of Mrs. Trobaugh's former husband. The claim was based upon both unpaid child support, that Debtors did not object to, and payments to be used for the education of a child of the parties who was no long a minor. HELD: the rule of decision applicable in matters involving priority claims filed pursuant to 11 U.S.C. § 507(b) is identical to that applied to cases under 11 U.S.C. § 523(a)(5). Where the parties by agreement intended future payments to function as support for their children, unpaid payments are entitled to priority under 11 U.S.C. § 507(b).

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