Heldt v. STATE OF SD-BROOKINGS COUNTY
Decision Date | 07 January 1982 |
Docket Number | Adv. No. 481-0228.,Bankruptcy No. 481-00132 |
Citation | 17 BR 519 |
Parties | David Andrew HELDT and Janice K. Heldt v. STATE OF SOUTH DAKOTA—BROOKINGS COUNTY. |
Court | U.S. Bankruptcy Court — District of South Dakota |
Clair R. Gerry, Stuart & Gerry, Sioux Falls, S.D., for plaintiff.
Richard D. Casey, Sp. Asst. Atty. Gen., Madison, S.D., for defendant.
It is the Court's understanding the parties are in the midst of a dischargeability of debt dispute under 11 U.S.C. § 523(a)(5)(A). In regard to counsel's letters of December 22 and 28, 1981, the Court perceives the issue to be resolved is:
1. Debtor filed a petition for bankruptcy under Chapter 13 on June 15, 1981.
2. The effective date of Section 2334 of Public Law 97-35, the Omnibus Budget Reconciliation Act of 1981, is August 13, 1981.
3. The filing date of Debtors' Complaint is October 16, 1981.
4. Debtor Janice K. Heldt assigned her rights to the collection of child support arrearages due from Debtor David Heldt to the State of South Dakota pursuant to Section 402(a)(26). The amount of the arrearages is approximately $6,524.75 plus costs and interest.
5. Debtors were divorced but are now remarried.
6. Prior to August 13, 1981, 11 U.S.C. § 523(a)(5)(A) provided:
7. Section 2334 of Public Law 97-35, the Omnibus Budget Reconciliation Act of 1981, provides:
"PUBLIC LAW 97-35 — 95 STAT. 863 AUG. 13, 1981 CHILD SUPPORT OBLIGATIONS NOT DISCHARGED BY BANKRUPTCY SEC. 2334. (a) Section 456 of 42 U.S.C. § 656 the Social Security Act is amended by adding at the end thereof the following new subsection (b) "A debt which is a child 42 U.S.C. § 602 support obligation assigned to a State under section 402(a)(26) is not released by a discharge in bankruptcy under title 11, United States Code." (b) Section 523(a)(5)(A) of title 11, United States Code, is amended by inserting before the semicolon the following: "(other than debts assigned pursuant to section 402(a)(26) of the Social Security Act)". (c) The amendments made by Effective date. this section shall become effective 42 U.S.C. § 656 note." on the date of the enactment of this Act.
DEBTORS' ARGUMENT
The dischargeability of the debt is not governed by Section 2334 of Public Law 97-35, the Omnibus Budget Reconciliation Act of 1981, because this law only affects those petitions filed after the effective date of August 13, 1981.
The debt owed by Debtors to Creditor is not dischargeable in bankruptcy under 11 U.S.C. § 523(a)(5)(A) as amended by the Omnibus Budget Reconciliation Act of 1981 because Debtors' Complaint was filed after the effective date of the amendment to the statute.
The...
To continue reading
Request your trial