QUESTION
How do I become a creditor with the bankruptcy court?
Asked on Oct 16th, 2011 on Bankruptcy - Indiana
More details to this question:
My ex husband filed chapter 7 and did not list me as a creditor. He owes me back child support. How do I become a creditor with the bankruptcy court?
9 ANSWERS
Bankruptcy Attorney serving Concord, CA
at
William Rubendall Attorney at Law
Update Your Profile
A creditor can file a form called a "proof of claim" to be included in the bankruptcy.
Answered on Oct 17th, 2011 at 11:40 PM
Child support debt is not dischargeable, so it will survive the bankruptcy. However, if there are going to be assets distributed, you should file a Proof of Claim with the Bankruptcy Court. Since child support is a priority debt, you will be among the first to get paid.
Answered on Oct 17th, 2011 at 4:39 PM
Family Law Attorney serving Knoxville, TN
at
Patel & Eisenhower, PLLC
Update Your Profile
To become a creditor you must file the necessary form with the Court and request notice. However, keep in mind that your ex-husband cannot discharge his current or back child support by filing bankruptcy. This is one type of debt that is not eligible for discharge - ever.
Answered on Oct 17th, 2011 at 4:19 PM
judith runyon
Child support is not a dischargeable debt in bankruptcy, so it doesn't matter that you weren't listed. However, if you want to, you can attend his hearing and let the Trustee know.
Answered on Oct 17th, 2011 at 4:09 PM
Child support obligations are not dischargeable in bankruptcy. You should, however, look into whether you are a joint debtor on any pre-divorce accounts which may still be active as you may become liable on those debts. Consult with your divorce attorney about the division of marital debt and your ex-husband's bankruptcy attorney for specific information about your potential liabilities.
Answered on Oct 17th, 2011 at 4:02 PM
Criminal Defense Attorney serving Summit, NJ
at
Stephen P. Dempsey Counselor at Law
Update Your Profile
File a proof of claim. The form is on the local bankruptcy court website.
Answered on Oct 17th, 2011 at 4:02 PM
Contracts & Agreements Attorney serving Roseville, MN
at
Batten & Beasley, PLLC
Update Your Profile
You can contact the trustee that has been appointed to his case.
Answered on Oct 17th, 2011 at 4:01 PM
Bankruptcy Attorney serving Hayward, CA
at
Carballo Law Offices
Update Your Profile
Just send a letter to the Trustee telling him or her that he owes you child support. That type of debt is not dischargeable anyway so you really don't need to do anything in a Chapter 7. You can also file a claim in the case although probably it is not necessary. However, filing a claim puts that information on the record and the trustee will see it. It is very simple to do but you need to go to the bankruptcy court to file it.
Answered on Oct 17th, 2011 at 3:54 PM
You can file a request for notice with the court.
Answered on Oct 17th, 2011 at 3:52 PM