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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2875
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I am a creditor for a Chapter 13 bankruptcy filed from my ex

Resolved Question:

I am a creditor for a Chapter 13 bankruptcy filed from my ex spouse for Child support arrears of over $27K. I am not receiving payments from the bankruptcy court on this matter. There was a court hearing and judgement was in my favor. How do I follow up on when I will start receiving payments?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

You need to file a proof of claim form with the court

Terry L. :

You should have received this form with the court

Terry L. :

with the bankruptcy notice.

Terry L. :

If not, you can get one from the court's website.

Terry L. :

You would submit the form to the court. Generally, the trustee will pay these in full thru the case.

Terry L. :

The payments won't start until the case gets confirmed with the court in most instances.

Terry L. :

You should provide proof of the debt too, a copy of the court order usually sufices.

Terry L. :

The debtor must also make the payments, so if they are behind, payments to you would be behind as well.

Terry L. :

If you are to receive current support, those payments should be paid to you directly by the debtor.

Terry L. :

do you have any questions?

Customer:

But I can't get anyone to tell me if the proof of claim has been filed

Customer:

and I have no idea who to contact. There was a cource case and the judgement was in my favor but not receiving payments from the bankruptcy court.

Terry L. :

sorry for the wait

Terry L. :

You need to file the proof of claim form yourself. It is doubtful the state will do it for you.

Terry L. :

Google Tennessee bankruptcy court to find your local court - they often have jurisdictions -north, south, east west, choose the correct one. then you can get the proof of claim forms online and contact the court on how to file them

Terry L. :

If the bankruptcy case is confirmed, and some time has passed, you may need a motion to allow a late claim.

Terry L. :

You may want to contact your family law attorney to help you in getting the claim form filed so that you can get paid what you are owed.

Terry L. :

Good news is that support is paid 100%

Terry L. :

thanks for your question, good luck.

Terry L. and other Bankruptcy Law Specialists are ready to help you