• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

AttyOney or other BK esq....

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


What is the name of your stte? FL

Hey there, I have got a helluva poser. The trustee couldn't even guess at what might come of this, and it could affect the Debtor's plan...

I have an order on an arbitration award for child support arrearage against the Debtor, issued by the state court. The BK judge told me I had to get it vacated because it was entered post-petition, even though the matter was pending pre-petition. So that's set for hearing in the state court, but in the meantime, the BK judge decided that under the bankruptcy code, since my ex and I weren't married, it's not support per se, and he disallowed my claim.

So here's the question: If the state court refuses to vacate the original order, which is a good possibility, what does that do to my standing then? That would mean I'm baaa-aaaack, with an allowed order from a court of record. He doesn't have the power to vacate, so doesn't he then have to honor it and include it in the plan?? But since he's already disallowed the claim, what sort of procedural loophole is THAT going to drop me through?

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential