I am the spouse of the debtor. If the debtor is current in his chapter 7 non consumer petition does the dso have to be listed anywhere on petition.
it is a court order it will be considered a priority non secured debt unless the tax lien is on his name.
If he listed it on his scheduale d, he would have to reaffim the debt meaning he will pay it outside the bankruptcy as it will not be discharged.
Schedule D will list all of the creditors that have secured claims against you. Secured means there is property attached to them that can be taken if the claim is not paid, such as a house, car or insurance policy
The debt was ultimately paid as a DSO obligation. But, due to the fact that he didn't claim the DSO anywhere on his filing I was put in financial jeopardy. I would like to start from the beginning and find out if the omission of the DSO is allowed in a Chapter 7 non consumer bankruptcy.
Is the Trustee of a non consumer chapter 7 bankruptcy obligated to notify the domestic support recipient of the obligation that is due to her?
my divorce attorney did not object to having the divorce action administratively closed (in circuit court) due to bankruptcy the day before the 341 hearing. at 341 hearing my husband's bankruptcy attorney claimed that the DSO was "waived". it took five months to lift the stay in bankruptcy court and circuit court for divorce action to move forward regarding property. the DSO was non dischargeable and not "waived". I live in New York and the divorce was in Michigan. the attorney fees were astronomical in comparison to the settlement. if the DSO was acknowledged at the 341 hearing then the Trustee, the Trustee's attorney, my husband's attorney and my husband admitted to the DSO.
how do I unravel the "who comes first responsibility" in the DSO mistake.
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