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    keepingup1's Avatar
    keepingup1 Posts: 2, Reputation: 1
    New Member
     
    #1

    Jan 8, 2009, 08:54 PM
    Ex -husband about to loose his house to the bank
    My Ex husband owe around $10,000 in back child support and now I heard the bank is going to take possession of his house in a month Feb26th, so is there anyway I can go in and file a lean on the home to get my money or What? And how do I do this?
    keepingup1's Avatar
    keepingup1 Posts: 2, Reputation: 1
    New Member
     
    #2

    Jan 8, 2009, 09:00 PM

    My ex husband owes around $10,000 in back child support and now I heard the bank is going to take possession of his house in a month,so is there anyway I can go in and file a lean on the home to get my money or What? And how do I do this?
    ISneezeFunny's Avatar
    ISneezeFunny Posts: 4,175, Reputation: 821
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    #3

    Jan 8, 2009, 09:08 PM

    If he owes you money, and if there are any assets in his estate, you would be entitled to priority status. This would not be a top priority, but it would be above the general unsecured creditors.

    You can check out the priority of payments here:

    LAWDOG Bankruptcy: Priority Of Payment

    Because you wouldn't be top priority, there is a chance that he could get out of what he owes you.

    I suggest you talk to a bankruptcy lawyer in your area to protect yourself. The way things are, chances are that they won't charge you for a short phone call.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #4

    Jan 9, 2009, 06:20 AM

    Aren't child support arrears protected from bankruptcy like student loans are?
    ISneezeFunny's Avatar
    ISneezeFunny Posts: 4,175, Reputation: 821
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    #5

    Jan 9, 2009, 07:10 AM

    Yes. Yes they are. As I stated, child support would be considered a priority. Child support will be paid back under the chapter 13 plan, however, this may take some time.

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