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bankruptcy/future child support?

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L

lilbro

Guest
What is the name of your state?What is the name of your state?TN..Friends ex has filed bankruptcy, has never missed child support payment in 4 years. Can he include future child support payments in bankruptcy?
 


L

lilbro

Guest
?

just found this on this site....


MY EX HAS THREATEN TO FILE BANKRUPTCY. WHAT EFFECT DOES BANKRUPTCY HAVE ON CHILD SUPPORT?
Filing for bankruptcy protection does not allow your ex to discharge past due child support obligations. Any back payments owed for child support cannot be included as a debt and cannot be discharged in a bankruptcy proceeding.

However, the filing of a bankruptcy petition automatically stops collection activities on a support order. Since there are legal procedures that must be followed in order to lift the stay regarding the payments, it is crucial to retain an attorney who has expertise in bankruptcies.

...Does this 2nd paragraph mean that it can stop??
 

I AM ALWAYS LIABLE

Senior Member
lilbro said:
What is the name of your state?What is the name of your state?TN..Friends ex has filed bankruptcy, has never missed child support payment in 4 years. Can he include future child support payments in bankruptcy?

My response:

Sure he can! Absolutely he can!

He'll be laughed out of court, but he can absolutely still include past, present, and future support!

Tennessee people. Gotta love 'em!

IAAL
 

I AM ALWAYS LIABLE

Senior Member
lilbro said:
However, the filing of a bankruptcy petition automatically stops collection activities on a support order. Since there are legal procedures that must be followed in order to lift the stay regarding the payments, it is crucial to retain an attorney who has expertise in bankruptcies.

...Does this 2nd paragraph mean that it can stop??

My response:

Yes, for about two to three days. When the child support recipient receives the Bankruptcy notice, then that recipient merely files an emergency "lift" of the automatic "stay". Payments begin again.

IAAL
 

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