The 2005 revision to the Bankruptcy Code made the collection of domestic support obligations a much higher priority. Domestic support obligations are now specifically excepted from discharge, and the automatic stay does not extend to support obligations.
The gist of the change is that a Chapter 13 bankruptcy debtor must certify the payment in full of domestic support obligations or that the confirmed plan provides for payment of pre-bankruptcy domestic support obligations in order to obtain a final discharge of other debt through bankruptcy.
A Chapter 13 bankruptcy discharge does not affect post-discharge child or spousal support obligations. In other words, even at the conclusion of the bankruptcy proceeding, these on-going obligations remain and a debtor must be current.
If you’d like to learn more about or clarify the information on this page, reach out to the bankruptcy attorneys at the Cook Law Firm today!
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Bankruptcy can seem like a daunting and overwhelming endeavor. While it is a complex process, the bankruptcy experts at Cook Law Firm are here to help.
One of the major benefits of filing for protection under bankruptcy is that creditor actions are stayed (which simply means stopped).
At the Cook Law Firm, APLC, we understand that bad things happen to good people. That is why we are here to help you solve your debt problems.