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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2900
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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my ex filed for chapter 13 bk in 2005, the case was closed

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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: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 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.
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