Legal Question in Bankruptcy in New York

bankruptcy

My exhusband hasn't paid child support for over a year. He was out of work for awhile, but now has a job with cablevision. I just received a letter stating he has filed chapter 7 and child support is one of the bills he is trying to wipe out. Can he do this?


Asked on 2/06/09, 9:38 pm

1 Answer from Attorneys

Craig Robins Law Offices of Craig D. Robins (www.BankruptcyCanHelp.com)

Re: bankruptcy

Certain debts are non-dischargeable in a bankruptcy proceeding. Child support is one of them.

A debtor is required to list all debts in the bankruptcy petition, including those that are non-dischargeable. The court sends notice of the bankruptcy filing to all creditors. That is why you received notice.

The mere fact that this child support debt was listed, and the fact that you received notice of it, does NOT mean that your ex-husband is trying to wipe out this debt.

You continue to have all of the same rights to pursue child support as if your husband had not filed bankruptcy.

For more information about how bankruptcy affects matrimonial issues such as this, please visit this site by pasting the link into your browswer:

http://www.bankruptcycanhelp.com/published-articles/2006-05-S-Matrimonial-Bankr-Issues.php

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Answered on 2/07/09, 11:11 am


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