Legal Question in Bankruptcy in Michigan

Re: Bankruptcy and Friend of the Court

They are probably right. The tax refund is likely an asset of her bankruptcy estate. While efforts to collect child support from a bankrupt debtor from sources other than propertu of the estate (such as post-petition earnings) are not stayed by the filing, any effort to attach property that is property of the bankruptcy estate can subject the person doing it to serious penalties. The child support will not be discharged, and state law remedies (such as holding the ex-spouse/debtor in contempt for non-payment) are still available, even during the bankruptcy. With respect to the medical costs, you need to consult with a bankruptcy lawyer immediately to determine whether this debt is clearly in the nature of support, or is another debt arising out of the dissoultion of marriage. If it is not support, it will be discharged unless you file a Complaint to Determine Dischargeability within the time allowed under the Bankruptcy Code and Rules (60 days after the first meeting of creditors), so you need to act quickly.