Difference Between Bankruptcy and Debtors Court?

[Preciousluve886]

What is the name of your state? Fla
Is there a difference between debtors court and bankruptcy court? And if so, can you please tell me what the difference is.

Thank you in advance!

 

[HomeGuru]

What is the name of your state? Fla
Is there a difference between debtors court and bankruptcy court? And if so, can you please tell me what the difference is.

Thank you in advance!

**A: what do you mean debtors court?
The court for debtors to sue is in district or regular claims court.
And if the defendant is guilty a judgement is entered.
The judge cannot automatically discharge debt or stay collection activity.
BK Court provides relief pursuant to State or Federal BK laws and the Trustee can discharge debt and stay collection activity.

 

[Preciousluve886]

Ok, The deal is I have an ex-husband who states that he is filing bankruptcy in another state and I know that he cant discharge the back child support he owes, but then I heard that he was going through debtors court and I didnt know if there was 2 different kinds of courts for bankruptcy. So I am knda confused about the situtation right now.
My understanding is that there is only 1 bankruptcy court, unless they just call it debtors court up there in Alabama.
Thanx for your reply!

 

[JETX]

"but then I heard that he was going through debtors court and I didnt know if there was 2 different kinds of courts"

As noted by HG, there is no such thing as 'debtors court'. Whoever told you such is either confused or wrong.

 

[Preciousluve886]

Thank you for the reply I sure do appreciate it!

Now I am better informed and feel better about the situation.

have a great weekend!

 

[HomeGuru]

Thank you for the reply I sure do appreciate it!

Now I am better informed and feel better about the situation.

have a great weekend!



**A: keep on top of this so that the child support payments are paid.

 

[Preciousluve886]

Well his arrearage is over 14 thousand and we are trying to get the 2 states to work together.
But my ex- thinks that he can charge off his arrearage and his past medical bills for his son. I found out that he cant do this.
Then I was told that there were 2 kinds of courts, 1 for bankruptcy and one for debtors. I was wrong!
Thats why I come to this forum and get the right answers.
I appreciate all the replies that I get. It does help me alot when I do go to the court house and know the right questions to ask. I dont look so silly.
Hopefully soon I will be able to get Alabama and Florida on the same page and they will help us in our endeavor to get the child support my son deserves.
But I think that its crap my ex- says he can get to charge it off in a bankruptcy. But apparently he doesnt have a very smart atty working for him up there.
I have read all the links that I have been sent on this and I have a better understanding of the whole thing.!

have a great weekend!

 

[JETX]

Bankruptcy will NOT discharge PAST DUE child support, alimony or family support.

However, it could affect his current and future payments. If he does file, you may need to get a lawyer to lift the (bankruptcy) stay regarding the payments.

For 'special circumstances' that could affect child support, take a look at:
http://www.divorcenet.com/ut/ut-art13.html
http://www.doney.net/faq_support.htm

 

[Preciousluve886]

Thank you for the links, they were most helpful and insightful.

I just dont understand why my ex-thinks that he can get away with this, but I guess he will try anything he can to get out of paying his debt to his son. Shame he turned out this way.
But I sure do plan on bringing my son up better than that!
I will teach him the value of a dollar and the right way to go about getting to where he wants to go without getting in over his head.
I just hope that I dont have to hire an atty because that will be another debt that I will try to make him pay. If you think about it, that would actually take food out of my sons mouth because I had to go to extremes to make him pay what he owes.
Thank you so much for your time, you helped alot.
Have a great weekend!