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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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The father of my child owes me past medical expences for $6000

Resolved Question:

The father of my child owes me past medical expences for $6000 since 1998 with a 10 % annual interest .This was a court order of payment. My co-pays amount to about $2000.My attempts to obtain this has been unsuccessful .He is now filed bankrupsy.I have to report my regular child support payment obligation to my local agency -that I know.But what do to avoid him including the above amount.
Submitted: 5 years ago via ChildSupportLaws.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.

WebLaw :

*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*

WebLaw :

The money owed to you is nondischargeable in the bankruptcy. This means that he will continue to owe the money after the bankruptcy has been discharged

Here is why.

Section 523 of the Bankruptcy Code excepts from discharge both property settlements and support obligations in Chapter 7 bankruptcy. However money to be paid as part of Marital Property Settlement Agreement would be dischargeable in a Chapter 13 bankruptcy. Money in the form of spousal support is considered a Domestic Support Obligation and thus it is not dischargeable in a Chapter 7 or Chapter 13 bankruptcy.

You can read the Code here:
http://www.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000523----000-.html

WebLaw :


Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.

Customer:

He has filed chapter 13.I was not married to him.

WebLaw :

Thank you for the opportunity to clarify. The money that is owed to you for medical bills for your child is not dischargeable in a Chapter 13. Regardless of the fact that he is filing a chapter 13 he will need to still pay the money

WebLaw :


Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.

Customer:

What do I do to repond to Chapter 13 Trustee letter sent to me .Do I make him aware of this money owed.What paper work do I file.Or is an email to his office is adequate

WebLaw :


You will need to file a proof of claim in the bankruptcy case. Here is the form:
http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_Official_2010/B_010_0410.pdf

I hope that it helps to know this information

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WebLaw :


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Customer:

Thankyou for your help.It has been very helpful.One last question.How long before I need to do this.He has filed on July15 2011.I have received this letter from the Trustee addressed Aug.24 and only received it this week.

WebLaw :

The letter should state a cutoff date. However you should file as soon as possible regardless

WebLaw :

It has been my pleasure to work with you

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Customer:

Thankyou for your help.I really appreciate it.

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