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Bankruptcy Back to Basics

Bankruptcy is the legal action to eliminate debt and to get a fresh start.  Child Support obligations cannot be discharged or modified 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 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 Authority:

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.

Oklahoma State Law:

31 O.S. § 1 Property Exempt from Attachment, Execution or Other Forced Sale‐Bankruptcy Proceedings

Oklahoma Administrative Code:

OAC 340:25-5-200. Scope and applicability