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Thread: Filing an objection to chapter 7 bankruptcy

  1. #1
    kmv754 is offline Junior Member
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    Filing an objection to chapter 7 bankruptcy

    What is the name of your state (only U.S. law)? Case is in Georgia

    My son's father was going thru chapter 13 bankruptcy and converted to chapter 7 in December. He listed that he owes $10,000 in arrears and is claiming he pays $480 a month as an expense. He has not made child support payments since March 2010 and his current arrears is over $32,000. I want to object to what he is claiming but I don't know if I should just write a letter to the trustee or have to file a motion with the court. I am unsure of whether or not I will be able to attend the meeting of the creditors since I live in Mi.
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by kmv754 View Post
    What is the name of your state (only U.S. law)? Case is in Georgia

    My son's father was going thru chapter 13 bankruptcy and converted to chapter 7 in December. He listed that he owes $10,000 in arrears and is claiming he pays $480 a month as an expense. He has not made child support payments since March 2010 and his current arrears is over $32,000. I want to object to what he is claiming but I don't know if I should just write a letter to the trustee or have to file a motion with the court. I am unsure of whether or not I will be able to attend the meeting of the creditors since I live in Mi.
    Child Support cannot be discharged through bankruptcy. Did you use one of those private companies to help you collect?
  3. #3
    kmv754 is offline Junior Member
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    I know that child support is not dischargeable and no, I have not used a private company to try to collect any child support. I am just wondering if he is eligible for chapter 7 since he is lying about his expenses. I believe that income and assets are also being omitted but I have no proof of that.
  4. #4
    Zigner is offline Senior Member
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    Quote Originally Posted by kmv754 View Post
    I know that child support is not dischargeable and no, I have not used a private company to try to collect any child support. I am just wondering if he is eligible for chapter 7 since he is lying about his expenses. I believe that income and assets are also being omitted but I have no proof of that.
    <not snarky>

    Why do you care? In fact, wouldn't it be BETTER for him to file for bankruptcy? This would free up cash to pay what he owes you.
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  5. #5
    kmv754 is offline Junior Member
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    I guess its a matter of integrity. I know the information is incorrect and feel that I should say something about it. As far as freeing up cash to pay what he owes, I'm not holding my breath that he will do anything voluntarily. He has made every effort in the past to avoid paying it and it wasn't until the state finally caught up with him and tried enforcing it that he filed for bankruptcy.
  6. #6
    Proserpina is offline Senior Member
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    Quote Originally Posted by kmv754 View Post
    I guess its a matter of integrity. I know the information is incorrect and feel that I should say something about it. As far as freeing up cash to pay what he owes, I'm not holding my breath that he will do anything voluntarily. He has made every effort in the past to avoid paying it and it wasn't until the state finally caught up with him and tried enforcing it that he filed for bankruptcy.


    Yeap, I think the collective "we" get that

    But look at it this way:

    He cannot refile for a LONG time. And yes, that does free up resources to enable him to pay his obligation.

    This isn't a hill upon which I'd choose to die if it were me. Let's face it - he's already in arrears, right? So you filing an objection isn't going to affect anything at all really except his future ability to pay.
  7. #7
    latigo is offline Senior Member
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    Quote Originally Posted by kmv754 View Post
    What is the name of your state (only U.S. law)? Case is in Georgia

    My son's father was going thru chapter 13 bankruptcy and converted to chapter 7 in December. He listed that he owes $10,000 in arrears and is claiming he pays $480 a month as an expense. He has not made child support payments since March 2010 and his current arrears is over $32,000. I want to object to what he is claiming but I don't know if I should just write a letter to the trustee or have to file a motion with the court. I am unsure of whether or not I will be able to attend the meeting of the creditors since I live in Mi.
    The only thing you might do with regard to the fatherís bankruptcy case is to file a Creditorís Claim attaching a copy of the support order and stating the amount of the arrearages. Even that is not necessary inasmuch as the obligation is not dischargeable, but it will serve to alert the bankruptcy court and the Trustee of the status of that order.

    Also, for reasons Zigner has noted his bankruptcy is more of a blessing to you than a threat.
    _____________________

    HOWEVER, more importantly here and obviously so is getting the deadbeat to honor his child support obligation. But I do not agree that searching out a private collection agency is the right choice.

    What you need to do is to commence a process under Michiganís UNIFORM INTERSTATE FAMILY SUPPORT ACT (UIFSA).

    The UIFSA has been adopted by all 50 states and is expressly designed for your needs, which is to enforce a support order from one state through the courts of a sister state where the person responsible is domiciled

    To learn how, get in touch with the FRIEND OF THE COURT in your particular county or jurisdiction and ask that a UIFSA request be sent to the fatherís state. If canít find the contact info for the local Friend of the Court in your area, then call the county clerkís office.

    But get off you complacent fanny and get things rolling! Meaning start knocking on doors because no one is going to come knocking on yours.

    And remember the truism: ďThe squeakiest wheel gets the greaseĒ!

    Michigan probably has a zillion cases like yours, so don't let yours rest on the bottom of the stack!
    _____________________

    For more information about the UIFSA, call the Michigan State Disbursement Unitís hot line 1-877-543-2660.
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  8. #8
    Zigner is offline Senior Member
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    To be clear, I was not (nor would I in all but the rarest cases) recommend that one use the services of a private collection agency for child support.

    Quote Originally Posted by latigo View Post
    The only thing you might do with regard to the fatherís bankruptcy case is to file a Creditorís Claim attaching a copy of the support order and stating the amount of the arrearages. Even that is not necessary inasmuch as the obligation is not dischargeable, but it will serve to alert the bankruptcy court and the Trustee of the status of that order.

    Also, for reasons Zigner has noted his bankruptcy is more of a blessing to you than a threat.
    _____________________

    HOWEVER, more importantly here and obviously so is getting the deadbeat to honor his child support obligation. But I do not agree that searching out a private collection agency is the right choice.

    What you need to do is to commence a process under Michiganís UNIFORM INTERSTATE FAMILY SUPPORT ACT (UIFSA).

    The UIFSA has been adopted by all 50 states and is expressly designed for your needs, which is to enforce a support order from one state through the courts of a sister state where the person responsible is domiciled

    To learn how, get in touch with the FRIEND OF THE COURT in your particular county or jurisdiction and ask that a UIFSA request be sent to the fatherís state. If canít find the contact info for the local Friend of the Court in your area, then call the county clerkís office.

    But get off you complacent fanny and get things rolling! Meaning start knocking on doors because no one is going to come knocking on yours.

    And remember the truism: ďThe squeakiest wheel gets the greaseĒ!

    Michigan probably has a zillion cases like yours, so don't let yours rest on the bottom of the stack!
    _____________________

    For more information about the UIFSA, call the Michigan State Disbursement Unitís hot line 1-877-543-2660.
  9. #9
    kmv754 is offline Junior Member
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    In regards to UIFSA, I did file the paperwork for that in 2005. After that all I heard from the state of Georgia was that they could not find any employment information. When they finally caught up with him in 2007, he filed for bankruptcy. I have been in contact with MI friend of the court during this whole process and they contact GA who continues to say that they can not do anything until the proceedings are over. I have contacted GA as well and been told the same thing. He went to his 341 meeting on 2/1 where the trustee stated that all debts, including the $10,000 listed for domestic support obligations is " scheduled to be discharged without payment." I have no idea how the trustee declared that the DSO can be discharged since it's against the law.
  10. #10
    bigun is offline Senior Member
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    I have contacted GA as well and been told the same thing. He went to his 341 meeting on 2/1 where the trustee stated that all debts, including the $10,000 listed for domestic support obligations is " scheduled to be discharged without payment." I have no idea how the trustee declared that the DSO can be discharged since it's against the law.

    I doubt this happened. The trustee doesn't issue a discharge. That comes from the judge that is assigned to the case.
    In the event of a discharge, the letter he recieves will contain langage to the affect that all debts eligible for discharge have been discharged. Once he does get discharged which should be witin 60 days of the 341, you can start trying to collect.
  11. #11
    kmv754 is offline Junior Member
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    I know the trustee does not issue the discharge, that was a poor explanation. I'm just confused because they listed $10,000 for domestic support obligations and $55,098.73 in other unsecured claims. The recommendation from the trustee states: "Assets Abandoned (without deducting any secured claims): $ 0.00, Assets Exempt: $ 27990.00, Claims Scheduled: $ 65098.73, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment (without deducting the value of collateral or debts excepted from discharge): $ 65098.73."
  12. #12
    despritfreya is offline Member
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    Clearly, as the prior posters have noted and you understand, support is not dischargeable in any bk.

    The Chapter 7 Trustee MUST give special notice to the holder of a support obligation and if the Trustee has not supplied such notice to you, you should contact him directly and remind him of his duties under Section 704. . .

    ß704. Duties of trustee

    (a) The trustee shalló. . .

    (10) if with respect to the debtor there is a claim for a domestic support obligation, provide the applicable notice specified in subsection ( c ). . .

    c)(1) In a case described in subsection (a)(10) to which subsection (a)(10) applies, the trustee shalló

    (A)(i) provide written notice to the holder of the claim (thatís YOU) described in subsection (a)(10) of such claim and of the right of such holder to use the services of the State child support enforcement agency established under sections 464 and 466 of the Social Security Act for the State in which such holder resides, for assistance in collecting child support during and after the case under this title;

    (ii) include in the notice provided under clause (i) the address and telephone number of such State child support enforcement agency; and

    (iii) include in the notice provided under clause (i) an explanation of the rights of such holder to payment of such claim under this chapter;

    (B)(i) provide written notice to such State child support enforcement agency of such claim; and

    (ii) include in the notice provided under clause (i) the name, address, and telephone number of such holder; and

    (C) at such time as the debtor is granted a discharge under section 727, provide written notice to such holder and to such State child support enforcement agency ofó

    (i) the granting of the discharge;
    (ii) the last recent known address of the debtor;
    (iii) the last recent known name and address of the debtor's employer; and
    (iv) the name of each creditor that holds a claim tható
    (I) is not discharged under paragraph (2), (4), or (14A) of section 523(a); or
    (II) was reaffirmed by the debtor under section 524(c).

    (2)(A) The holder of a claim described in subsection (a)(10) or the State child support enforcement agency of the State in which such holder resides may request from a creditor described in paragraph (1)(C)(iv) the last known address of the debtor.

    __________

    I know reading the above is an eye-full but the Trustee MUST comply with these provisions, assuming he is aware of a DSO claimant.

    Des.
  13. #13
    kmv754 is offline Junior Member
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    despritfreya - I appreciate the information. The 341 meeting was less than a week ago so I'm still waiting to see if I receive anything in the mail. I was going to call the trustee today and try to talk to him, but I called my friend of the court case worker instead. I'm waiting to hear back from her before I do anything else. I know I could file an objection to the discharge but I don't plan on doing that because I don't want to drag out the process anymore.

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