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latreesomer · Jul 6, 2009, 02:17 PM

My mom was recently informed that my father filed bankruptcy and under section 727 of title 11 , U.S. Code and will no longer be obligated to pay his back child support debt to her. My father was a criminal and defrauded dead people and I am sure he still has to repay these families. I was just wondering if there is any way to fight this? Since his debt was to my mother could I put it in my name?

twinkiedooter · Jul 6, 2009, 02:35 PM

No, you cannot put this debt in your name. Your mother is the one who has to sue or try and collect the money as it was to be paid to her.

latreesomer · Jul 6, 2009, 02:41 PM

My mother did try to pursue this debt, in fact she received payments up until recently. What can she do since he filed bankruptcy on the case?

jenniepepsi · Jul 6, 2009, 04:10 PM

As far as I know child support payments generally cannot be discharged in bankruptcy. This means that a parent who owes child support cannot escape this duty by filing for bankruptcy. Bankruptcies do not act as a stay, or hold, on actions to establish paternity or to establish or modify child support obligations. The relationship between child support and bankruptcy is complex, and you may need the help of an attorney familiar with bankruptcy law.

However, this is the law here in Arizona. I'm not sure where you live.

AK lawyer · Jul 7, 2009, 06:16 AM

Originally Posted by jenniepepsi

however, this is the law here in Arizona. I'm not sure where you live.

It doesn't matter, assuming the OP lives in the U.S. It's federal law, applicable in all 50 states.

11 USC 727 (b):

Except as provided in section 523 of this title, a discharge under subsection (a) of this section discharges the debtor from all debts...

The exception, section 523, excepts child support:

(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—
...
(5) for a domestic support obligation;
...
(15) to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit;
...

It's not discharged in bankruptcy.

Your father appears to be trying to pull the wool over your mother's eyes.

ScottGem · Jul 7, 2009, 06:24 AM

Who is giving you this information? As AK quoted, what you were told is not correct.

jenniepepsi · Jul 7, 2009, 09:36 AM

Tell your mother to contact her lawyer, or at least the child support enforcement division and advise them of what he is trying to do.

cadillac59 · Jul 7, 2009, 10:17 AM

Originally Posted by AK lawyer

It doesn't matter, assuming the OP lives in the U.S. It's federal law, applicable in all 50 states.

11 USC 727 (b):

The exception, section 523, excepts child support:

It's not discharged in bankruptcy.

Your father appears to be trying to pull the wool over your mother's eyes.

Glad you pointed this out. There's some crazy ideas out there floating around that probably get started in beauty parlors is all I can imagine. Add this myth about avoiding child support obligations in bankruptcies to those still floating around having to do with common law marriage existing everywhere, children deciding which parent they want to live with at some age like 13, and dads being able to freely give up their parental rights, etc. etc.

cdad · Jul 7, 2009, 12:27 PM

Originally Posted by cadillac59

Glad you pointed this out. There's some crazy ideas out there floating around that probably get started in beauty parlors is all I can imagine. Add this myth about avoiding child support obligations in bankruptcies to those still floating around having to do with common law marriage existing everywhere, children deciding which parent they want to live with at some age like 13, and dads being able to freely give up their parental rights, etc., etc.

I believe its really about misinformation. It's the understanding that one thing means another when it is a separate issue. In bankruptcy the collection efforts can be held back like with any creditor but the obligation to the debt CAN NOT be removed. So as the bankruptcy continues then collection of the debt may proceed. Some have thought that means the debt is wiped clean but it is not. The whole idea is to allow a person to regain ones footing in life.

latreesomer · Jul 7, 2009, 02:17 PM

Thanks everyone my mom is going to contact the child support offices.

cadillac59 · Jul 7, 2009, 06:49 PM

Originally Posted by califdadof3

I believe its really about misinformation. Its the understanding that one thing means another when it is a seperate issue. In bankrupcy the collection efforts can be held back like with any creditor but the obligation to the debt CAN NOT be removed. So as the bankruptcy continues then collection of the debt may proceed. Some have thought that means the debt is wiped clean but it is not. The whole idea is to allow a person to regain ones footing in life.

Yes, but even the automatic stay doesn't apply to child support enforcement.

s_cianci · Jul 7, 2009, 06:56 PM

Child support is not dischargable under bankruptcy. That means that a bankruptcy declaration does not free your father from his child support obligation. Your mother needs to sue him for the back child support.

cdad · Jul 7, 2009, 07:00 PM

Originally Posted by cadillac59

Yes, but even the automatic stay doesn't apply to child support enforcement.

I think that depends on how broad your going to define enforcement. When your talking about the normal collection procedures then it has no effect whatsoever. But outside of those.. like placing liens or seizing accounts then yes those actions would be held off during the initial phaze of the bankruptcy proceedings.

I guess this is more symantics of the term support collection.