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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 174
Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
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Does a bankruptcy in hawaii stop child support arrears or interest

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Does a bankruptcy in hawaii stop child support arrears or interest in California case. I am on permanent ss disability and my child is 20.
I am a bankruptcy attorney and I would be happy to assist you. Bankruptcy is governed by the federal Bankruptcy Act in the U.S., including Hawaii. Once you file for bankruptcy protection, the automatic stay prevents the collection of most debts by creditors. However, the automatic stay does not prevent or delay a the collection of child support or the arrears from accumulating. In Chapter 7 bankruptcy, CA may continue to pursue child support action against you. If any portion of your assets is found non-exempt, the Chapter 7 trustee may give the non-exempt assets to your creditors. CA would have priority over your other creditors, so they would receive a pay out first. In Chapter 13 (if you are unable to qualify for Chapter 7), you must repay all arrears within 3 to 5 years, before receiving a bankruptcy discharge.

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