Bankruptcy, Debt Negotiation, Wills & Personal Injury Representation

Child Support And Bankruptcy

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 debts 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 by calling 318-703-5851 today!