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I received a notice of bankruptcy from my ex husband. I am…

I received a notice of...
I received a notice of bankruptcy from my ex husband. I am named as a creditor who has unsecured claims. It is domestic support obligation. Do I have to fill out the proof of claims form? If so what documents should I attach. They have it listed as $0 for the total claim but he still owes me money
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Customer reply replied 1 year ago
It is a chapter 13
Answered in 17 minutes by:
2/3/2017
legalg
legalg, Attorney
Category: Bankruptcy Law
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Under the Bankruptcy Abuse Prevention and Consumer Protection Act, support obligations resulting from a court order (spousal, child) are not dischargeable and in fact are given priority.

One needs to file a proof of claim- that form is here:

http://www.uscourts.gov/sites/default/files/b_010.pdf

Here is the relevant federal code:

The term "domestic support obligation" means a debt that accrues before, on, or after the date of the order for relief in a case under this title, including interest that accrues on that debt as provided under applicable nonbankruptcy law notwithstanding any other provision of this title, that is—

(A) owed to or recoverable by—

(i) a spouse, former spouse, or child of the debtor or such child's parent, legal guardian, or responsible relative; or

(ii) a governmental unit;

(B) in the nature of alimony, maintenance, or support (including assistance provided by a governmental unit) of such spouse, former spouse, or child of the debtor or such child's parent, without regard to whether such debt is expressly so designated;

(C) established or subject to establishment before, on, or after the date of the order for relief in a case under this title, by reason of applicable provisions of—

(i) a separation agreement, divorce decree, or property settlement agreement;

(ii) an order of a court of record; or

(iii) a determination made in accordance with applicable nonbankruptcy law by a governmental unit; and

(D) not assigned to a nongovernmental entity, unless that obligation is assigned voluntarily by the spouse, former spouse, child of the debtor, or such child's parent, legal guardian, or responsible relative for the purpose of collecting the debt.

11 U.S.C. § 101(14A).

The code that prevents discharge of these obligations is 11 U.S.C. § 1328(a).

If your family law attorney is unfamiliar with how to protect your rights, you should ask for a referral to a family law/bankruptcy attorney and they can assist as there are creditor hearings that are to be attended.

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Customer reply replied 1 year ago
I have the proof of claims form. They sent me one with the other papers. What documents should I send along with it. My divorce decree, the bank deposits? I live in Connecticut, he is in Georgia does the creditor always have to attend the hearing?

Yes, the divorce decree as that indicates the legal obligation to pay support; there would be no need to send bank deposits.

The creditor need not always attend the meeting; and if they have an issue that needs addressed they can usually arrange telephonic appearances depending on the trustee.

legalg
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Customer reply replied 1 year ago
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