Discharge of Debt Tag

07 Dec Chapter 7 Debtors Must Supply Trustee With Information About Child Support Payments

In a recent Chapter 7 341 hearing, the Chapter 7 trustee asked my client if he had any child support obligations. My client does and the trustee proceeded to hand my client a form asking for the name, address, and telephone number of the custodial parent (client's ex-wife) as well as the address and phone number of the child support enforcement office. I had not seen this practice before so after the hearing I called the trustee to ask what he did with this information. The trustee responded that under the BAPCPA changes to the Code, he was obligated to send a letter to the custodial parent (recipient of the child support) to advise the her that her ex-husband has filed for bankruptcy. Now, child support debt is not dischargeable and there is nothing in the Bankruptcy Code that provides for a hold on the Chapter 7 discharge if the debtor is behind on his child support, but the trustee collects this information and sends out the notification letter nevertheless. The Chapter 7 trustee I spoke with did not know why the Code required him to send out notifications but he was simply doing as he was told by the U.S. Trustee's office. I suspect that the purpose of this disclosure is to let the custodial parent know about the non-custodial parent's financial situation. In addition, since bankruptcy filings are a matter of public record, this notice would presumably allow the custodial parent to have access to the other parent's financial information, including information about assets.
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29 Sep Frequently Asked Questions About Bankruptcy-Part Four

I've been posting about bankruptcy questions asked most frequently by my clients, and I've dealt with questions about the pre-bankruptcy process, procedural issues, and Chapter 13 issues. But almost all my clients want to know about life after bankruptcy. Once again, I cannot over-emphasize the importance of consulting your own bankruptcy lawyer because circumstances can differ and change these answers. 1.How long will my bankruptcy appear on my credit report? A bankruptcy can be reported for 10 years. The length of reporting in individual cases can differ, though, because your creditors don't have to report for that long.
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