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Complete Bankruptcy File $30
Includes all records filed in your Federal Bankruptcy Court case, including your Discharge or Dismissal — all emailed to you within 1 to 2 business hours. Compare Packages
Schedules Pkg and Discharge $25
Includes your List of Creditors and all Schedules (A to J), your Voluntary Petition, and your Discharge or Dismissal.
Bankruptcy Discharge Papers $10
Get your Official Federal Bankruptcy Discharge Papers (or Dismissal) emailed to you within 1 business hour.
Bankruptcy Docket Report $10
Includes your bankrtuptcy case number, filing date, date of discharge or dismissal — emailed within 1 business hour.
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Learn More About Bankruptcy And Child Support Below ...

Bankruptcy And Child Support


A Moral And Legal Responsibility

No matter how tight the money is, the care of your children is always a priority. If you have borrowed more than you can handle and are also responsible for children, you may be wondering what your bankruptcy situation means for your situation. Will the child benefit payments be included in the bankruptcy? Or are they being reduced? I can help you to check all these important questions. It should be noted that child support cannot be eliminated through any kind of bankruptcy.


Chapter 7

While filing a bankruptcy chapter will initiate automatic suspension and you can stop paying for unsecured debts, you still need to be up to date with your payments (as well as secured debt payments if you want to keep your property). Bankruptcy of any kind will not stop your child support payments or interfere with any legal process for setting up or changing your assistance. All debt such as child support payments must be paid on time each month. If you do not make your payments, you can be sued. The filing of a Chapter 7 may result in some of your non-exempted assets being used and sold to pay creditors. However, your attorney will use the numerous exceptions to protect as many assets as possible. When the court evaluates in your assets, the trustee decides which creditors will receive the payment and in what amount. Paying child support is usually a top priority.


Bankruptcy And Child Support

Chapter 13

If you decide to file for bankruptcy in Chapter 13, you may include, among other things, the overdue support of your child as a payment debt in the payment plan. The court will structure your plan to include your full child benefit payments with the late payments that will be distributed over the course of your 3-5 year plan. Child support payments can reduce the total debt payable in Chapter 13. Priority debt is paid first, and the remaining disposable income flows into another lower priority or unsecured debt. In some cases where low disposable income is available, unsecured debt is not paid before it would normally be repaid.

It is imperative that you keep your payment plan up to date in accordance with Chapter 13. Otherwise, your creditors can apply for "exemption from automatic suspension". If the court approves, you should immediately start paying the debt in full. You must keep up with the child support payments until the end of the debt period; otherwise your bankruptcy may be delayed.



Plan To Plan

Of course, you want to make sure that your children are cared for and you are ready to make all the necessary sacrifices. If you have to file for bankruptcy, the court will analyze your overall financial situation, which may result in a change in your benefits. You can also use the bankruptcy relief to create enough space in your budget to facilitate and manage your payments. Whatever your situation, you and your attorney can work together to create a plan that works for you.

For example, suppose the debtor's mortgage payment is $1,200.00 per month, and the debtor has been delayed by 24 months in paying his mortgage, and the backlog of the mortgage is $28,800. The debtor's bank initiated a foreclosure action and the bank is ready to auction the property.




Disclaimer: This Content Does Not Constitute Legal Advice

This article is for informational purposes only and should not be construed as legal advice. Consult with a licensed bankruptcy attorney if you are considering bankruptcy, or other competent counsel before pursuing the subject matter of this article. Collection laws vary from state to state.

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