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I am a custodial parent who receives child from the non-custodial parent. I received a letter from child services that he filed chapter 13 but they are not going to file any action in bankruptcy court on my behalf because that is not a service they provide. They that said I am responsible for filing my own proof of claim. I am trying to determine if I need to file a proof of claim because he has been making his payments through his employer on time lately. I was awarded back pay when I first filed in 2013, but he has been making payments on the back pay as well through his employer.
6 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If he has unpaid support from earlier months, you should file a proof of claim.
Answered on Oct 06th, 2016 at 5:43 AM
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Yes, you must file a proof of claim for the back pay so that it can be paid through the plan. If you do not file a claim it will not be paid.
Answered on Oct 05th, 2016 at 6:12 PM
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If he was behind on the date he filed a the chapter 13, then you file the claim for the amount he was behind on that day. If we was not behind, then don't waste your time filing a claim for $0.00.
Answered on Oct 05th, 2016 at 6:12 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If you have a claim in a bankruptcy case, and you want to participate in payments from the Trustee, you must file a proof of claim. The POC would be for any arrears which may exist. In all likelihood, as an exception to the Automatic Stay, the payment directly from his wages will continue. If it does not, then you will need to take additional action.
Answered on Oct 05th, 2016 at 6:11 PM
If you want to get paid for the past due support, file the proof of claim. That way you will be paid this amount ahead of all other creditors.
Answered on Oct 05th, 2016 at 12:19 PM
In Oregon, your support would continue uninterrupted in the circumstances you describe, so no action need be taken. Of course, if it stops for some reason, then you would need to take action.
Answered on Oct 05th, 2016 at 12:16 PM