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According to the BAPCPA changes to the Bankruptcy Code, the bankruptcy trustee is obligated to send a letter to the custodial parent (recipient of the child support) to advise him or her that his or her ex-spouse has filed for bankruptcy.

Child support debt is not dischargeable and the Bankruptcy Code does not provide for a hold on a Chapter 7 discharge if you are behind on your child support. Nevertheless the trustee collects the name, address, and telephone number of the custodial parent (your ex-spouse) as well as the address and phone number of the child support enforcement office and sends out a notification letter. This disclosure of information will give the custodial parent information about the non-custodial parent’s financial situation. In as much as bankruptcy filings are public record, this notice will allow the custodial parent to have access to the other parent’s financial information, including information about his or her assets.

Since bankruptcy law continues to move toward making divorce debts non-dischargeable, the purpose of this extra notice may be to insure that custodial parents have an appropriate opportunity to object to the bankruptcy if he or she was not otherwise given notice.  In any case, if you owe child support be prepared to give all of the pertinent information to the bankruptcy trustee.

If you live in Denver, Aurora, Arvada, Brighton, Broomfield, Commerce City, Englewood, Highlands Ranch, Lakewood, Lafayette, Littleton, Northglenn, Westminster, Wheat Ridge, or Golden, Colorado, please feel free to contact me with any questions.  

Kevin D. Heupel, Colorado Bankruptcy attorney, 303-955-7570, COBankruptcyHelpEmail, free-consultation form.

 

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