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  #1  
Old 05-20-2009, 07:06 PM
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Join Date: Aug 2004
Location: Central Florida
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Bankruptcy Question


What is the name of your state (only U.S. law)? For this question- Georgia

I'm asking this for a good friend who is completely computer illiterate.

Friend is paying off a CS arrearge incurred years ago. He is almost done, owes a little under $2,000.00. He owes alot of debts and 2 creditors are threatening to take him to court. He is looking into filing bankruptcy. He knows that the CS arrears cannot be discharged. He has been trying to pay them off before filing bankruptcy, but may not be able to.

He knows that if he files before the arrears are paid, he might have to disclose the arrears/payments to the bankruptcy court, and his ex would be notified. The problem with that is that his ex threatened his life several times, and he does NOT want her to know where he lives for his own protection. (unfortunately, even though he had several witnesses, a Florida Judge refused to issue a protective order, that's why he moved to GA).

His question is this:

If he files before paying off the arrears, can he just not disclose that debt when he files for bankruptcy?

If he doesn't diclose that debt, can he get into legal trouble, or would it cause the bankruptcy to not be discharged?

He honestly does not want to get out of payinmg the arrears, he just does not want to risk his ex knowing where he is due to her threats. Thank you for any help.
  #2  
Old 05-20-2009, 09:05 PM
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Posts: 6,453
A good question for his lawyer.
Sounds like he's paying to a state agency and they're sending the money to the ex. He may well just be able to name the state agency as the creditor. Or, since the debt is a priority payment they may just list it as an expense on schedule J.
  #3  
Old 05-21-2009, 04:14 PM
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Join Date: Aug 2004
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Quote:
Originally Posted by bigun View Post
A good question for his lawyer.
Sounds like he's paying to a state agency and they're sending the money to the ex. He may well just be able to name the state agency as the creditor. Or, since the debt is a priority payment they may just list it as an expense on schedule J.
Thank you, I'll let him know.
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