Bankruptcy is the legal action to eliminate debt and to get a fresh start. Child Support obligations cannot be discharged in Bankruptcy.
There are five types of bankruptcy:
- Chapter 7 Liquidation
- Chapter 9 Municipality
- Chapter 11 Business Reorganization
- Chapter 12 Family Farmer
- Chapter 13 Individual Reorganization
By reviewing this document Bankruptcy Back to Basics, you can become familiar with bankruptcy and how it affects Child Support. The document also gives you an understanding of Bankruptcy Code & Rules.
For further assistance contact the OCSS.Forum.Bankruptcy
Legal Authorities:
United States Code:
- 11 USC §§ 101‐1501 Bankruptcy Code11 USC §362(b) – Automatic Stay (exceptions)
- 11 USC §501 – Filing Proofs of Claims or Interests
- 11 USC §507(a)(1)(A) – Priorities
- 11 USC §1327 – Effect of Confirmation
- 42 USC §654. State plan for child and spousal support
- 42 USC §656 Support Obligation as Obligation to State; Amount; Discharge in Bankruptcy
Code of Federal Regulations:
- 45 CFR §303.2 Establishment of cases and maintenance of case records.
- 45 CFR §303.3 Location of noncustodial parents in IV-D cases.
- 45 CFR §307.10 Functional requirements for computerized support enforcement systems in operation by October 1, 1997.