A Chapter 13 Plan to Catch up on Past-Due Support
Here's an example of a Chapter 13 payment plan to pay past-due child and/or spousal support, showing how you can catch up safely and sanely.
Catching up on Support through Chapter 13
Chapter 13 gives you a powerful, reasonable, flexible, and even calm procedure for catching up on your past-due child or spousal support.
Conditions for Stopping Support Collections in Chapter 13
Chapter 13 immediately stops the collection of past-due child or spousal support. But to keep that protection you must meet some conditions for stopping support collections.
Unpaid Child and Spousal Support in Chapter 13
Chapter 13 DOES stop the collection of unpaid child or spousal support from your after-filing income and other assets. Chapter 7 does NOT.
Bankruptcy will not Write Off Child or Spousal Support Debts
Child support and spousal support debts cannot get written off in bankruptcy. But is your specific divorce debt legally considered support?
Limited Automatic Stay Protection for Unpaid Child/Spousal Support
Chapter 7 doesn't stop collection of unpaid support, but may enable you to catch up. Chapter 13 does stop this collection, conditionally.
Chapter 7 with a Judgment Lien, HOA Debt, or Support Obligations
Here are 3 more scenarios for when you are current on your mortgage, where Chapter 7 works well in dealing with other home-related debts.
Chapter 7 and Chapter 13–Unpaid Child or Spousal Support Lien on Your Home
One of the most important distinctions between these consumer bankruptcy options are how they help or donât help with support arrearage debt.
Making Sense of Bankruptcy: 5 More Powerful Ways Chapter 13 Saves Your Home
Here are 5 additional tools that come with Chapter 13, each one neatly solving a different challenge to your home.
Crucial Question: Can Bankruptcy Help with Child and Spousal Support Arrearage?
Chapter 7 "straight bankruptcy" doesn't stop aggressive collection of back support. But Chapter 13 does, and protects you while you catch up.