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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 11-07-2000, 01:03 PM
ashrum
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My sisters ex is in debt and claims he is fileing on the back child support he owes. Can he do this? Also how many times can you file? He has filed two chapter 13s and a chapter 7. He claims he is fileing again.
Thanks-ashrum- TENNESSEE

[This message has been edited by ashrum (edited November 07, 2000).]
  #2  
Old 11-07-2000, 02:57 PM
lawrat
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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Read the Bankruptcy section located at the freeadvice.com homepage.

WHAT DEBTS ARE NOT DISCHARGED BY BANKRUPTCY?
In general liens (such as mortgages and security interests in cars) are non-dischargeable as are some other types of obligations including:

Federal, state and local tax claims (subject to specific time rules)

Customs duties

Spousal support

Child support

Most student loans

Secured debts

Fines and penalties imposed by government agencies

Debts incurred due to false statements made with the intent to deceive

Fraud committed in a fiduciary capacity, such as embezzlement or larceny

Punitive damage claims for "willful and malicious" acts

Debts not list on the forms filed with the Court

Drunk driving obligations

A non-dischargeable debt is one that will survive the bankruptcy proceeding. The debtor still has the obligation to pay this debt; the creditor has every right to collect.
  #3  
Old 11-07-2000, 04:11 PM
ashrum
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<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by lawrat:
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Read the Bankruptcy section located at the freeadvice.com homepage.

WHAT DEBTS ARE NOT DISCHARGED BY BANKRUPTCY?
In general liens (such as mortgages and security interests in cars) are non-dischargeable as are some other types of obligations including:

Federal, state and local tax claims (subject to specific time rules)

Customs duties

Spousal support

Child support

Most student loans

Secured debts

Fines and penalties imposed by government agencies

Debts incurred due to false statements made with the intent to deceive

Fraud committed in a fiduciary capacity, such as embezzlement or larceny

Punitive damage claims for "willful and malicious" acts

Debts not list on the forms filed with the Court

Drunk driving obligations

A non-dischargeable debt is one that will survive the bankruptcy proceeding. The debtor still has the obligation to pay this debt; the creditor has every right to collect.
<HR></BLOCKQUOTE>

Thanks... Can he keep fileing like he does to get out of debt????
  #4  
Old 11-10-2000, 09:22 PM
lawrat
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No. Because if he files fraudulently (which it sounds like he is doing), he can be in big trouble!
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