How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2815
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Type Your Bankruptcy Law Question Here...
Terry L. is online now
A new question is answered every 9 seconds

my ex filed for chapter 13 bk in 2005, the case was closed

Resolved Question:

my ex filed for chapter 13 bk in 2005, the case was closed /"dismissed for other reason". . .the whole time it was active my child support office was unable to garnish for back child support and hasnt made attempts b/c of the open chapt 13. . .In sept 2009 he filed for another chapter 13 and of course I wont be able to get any of the $26,000 he owes in back child support. . .My question, is it even legal to have filed two chapter 13's in so short a time? How long will it take to discharge?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 6 years ago.
A debtor can refile a chapter 13 at any time. If within a year of the last case, then they need court approval to extend creditor protection. The good news is that Child Support arrearage gets super-priority treatment, and must be paid in full during the chapter 13, and early in the case too, ahead of other creditors. Be sure to file a proof of claim to get paid properly. You can contact the trustee to make sure that they have the correct information too. I suggest meeting with your family law attorney to be sure the correct documentation is in timely. You can also attend the 341 hearing if you want to be sure the correct information is on file, and that the plan is properly paying you the correct amount. Thanks and good luck.
Terry L. and other Bankruptcy Law Specialists are ready to help you