QUESTION
How will it affect my discharge if now I owe child support a pretty sizable amount?
Asked on Dec 14th, 2014 on Bankruptcy - Michigan
More details to this question:
I filed chapter 13 in 2009 with no child support arrears. In 2012, I had some money problems. I paid my chapter 13 but my child support payments started to drop. It’s been a tough time now. I’m 4 payments away from finishing.
7 ANSWERS
Making your final Chapter 13 payment won?t mean your Chapter 13 will immediately end. The Trustee will take several months to audit your file, and during that time, I hope you are able to get back on track with your child support obligation. Your child support obligation is not affected by your discharge, as child support is not eligible to be eliminated in any form of bankruptcy. See 11 USC sec 523 for specifics on this law.
Answered on Dec 16th, 2014 at 1:13 PM
You can not get a discharge if you are behind on payments AND do not have a repayment plan worked out with the recipient of the child support. Simply work out a stipulation to get caught up over the next 12 to 18 months. Good luck!
Answered on Dec 16th, 2014 at 1:12 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Child support (except prearrange before filing) is generally outside the plan. So an arrearage in your plan won't interfere with completion of the plan.
Answered on Dec 16th, 2014 at 2:41 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The child support arrears are not discharged by the Ch. 13 bankruptcy under the circumstances you describe.
Answered on Dec 16th, 2014 at 2:40 AM
Deborah F. Bowinski
You really need to contact your lawyer to see what the policies and practices are in your jurisdiction. In order to obtain a chapter 13 discharge you must sign a series of certifications, one of which states that you are current on all post-petition support obligations.
Answered on Dec 15th, 2014 at 6:06 PM
2 Awards
You will be unable to obtain a discharge unless you are current with your child support. Get current!
Answered on Dec 15th, 2014 at 6:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, without details it is impossible to give you advice which you should rely upon, there are too many variables.
Answered on Dec 15th, 2014 at 6:03 PM