Friday, October 2, 2009

Bankruptcy and Child Support Arrears

Texas Bankruptcy Lawyer Blog points out inHow Can a Chapter 13 Case Help Me With Delinquent Child Support?:
a use for a Chapter 13 bankruptcy:

If you are delinquent in your child support payments, you may be facing wage garnishment, the seizure of your income tax refunds, and possibly even jail time. By filing a Chapter 13 bankruptcy case, you will be able to stop those actions, so long as you are able to pay back all of the delinquent child support (plus interest) during the term of the Chapter 13 case. Normally, a Chapter 13 case lasts for five year, and the child support repayment can be spread over that time.
A few things that might not be so clear:
  1. Chapter 13 bankruptcies require more income than living expenses (I am sure that any bankrutpcy attorneys will cringe at the oversimplification but therein lies the chief difference between Chapter 7 and Chapter 13).
  2. The child support is not discharged; the debtor gets to tell the child support creditor how the debtor will pay back the debt.
I no longer file bankruptcies.  What work I do in bankruptcy court is limited to creditor/collections work.  However, give me a call if you need a referral to a bankruptcy lawyer.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

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