Minnesota Alimony Payments In Bankruptcy

If you are paying alimony, child support, or spousal maintenance in Minnesota you cannot discharge these debts. The statute governing this is 11 U.S.C Sec. 507(a)(1) that makes this a priority claim in bankruptcy. This type of claim must be paid in full during a chapter 13 bankruptcy. In a chapter 13 bankruptcy you may be able to treat property awards from the divorce as unsecured debt, making the debt dischargeable in bankruptcy under 11 U.S.C. Sec. 523 (a)(15). The important questions is whether the debt is for alimony, or whether the debt is from a property award. This issue would need to be determined by the bankruptcy court in order to know how to treat the debt in a chapter 13 bankruptcy.