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  1. #1
    Join Date
    Aug 2010
    Location
    Harteville
    Posts
    45

    Default Can I Get Rid of My Child Support Obligations Through Bankruptcy

    My question involves bankruptcy in the state of: OHIO

    Recently i have been hit with several child support cases all at once which has caused me to max out most of my credit cards to keep up with standard of living.

    I now plan to file bankruptcy & have a few questions & have had no luck searching around for any complete answers. My questions are as followed:

    (1) What to file, chapter 7,11,13?
    (2) Are they going to look at the credit card maxing as fraud?
    (3) I heard you cannot relinquish a student loan by filing bankruptcy, is this true?
    (4) Can i pay off my student loan with a credit card now before filing?
    (5) Will i be able to rid my child support arrearages debt?
    (6) I am progressively getting into a bigger hole. Should I wait for my debt to get worse?

    Any information would be appreciated, thanks in advanced. from, A POOR MAN IN OHIO

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Child Support is Causing Me to Lose Everything Looking for a Solution

    Quote Quoting arlo
    View Post
    My question involves bankruptcy in the state of: OHIO

    Recently i have been hit with several child support cases all at once which has caused me to max out most of my credit cards to keep up with standard of living.

    I now plan to file bankruptcy & have a few questions & have had no luck searching around for any complete answers. My questions are as followed:

    (1) What to file, chapter 7,11,13?
    (2) Are they going to look at the credit card maxing as fraud?
    (3) I heard you cannot relinquish a student loan by filing bankruptcy, is this true?
    (4) Can i pay off my student loan with a credit card now before filing?
    (5) Will i be able to rid my child support arrearages debt?
    (6) I am progressively getting into a bigger hole. Should I wait for my debt to get worse?

    Any information would be appreciated, thanks in advanced. from, A POOR MAN IN OHIO
    1. That's something you should discuss with a bk attorney.
    2. That's certainly a possibility
    3. Generally yes - google the "Brunner Test".
    4. See 1.
    5. Not a chance.
    6. See 1.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can I Get Rid of My Child Support Obligations Through Bankruptcy

    Consumer bankruptcies are typically Chapter 7 (discharge of debts, subject to a means test) and Chapter 13 (repayment of some portion of your debts, typically over five years). Chapter 13 can provide a benefit even if you have nondischargeable debts as you can get a repayment plan over the course of the bankruptcy that makes your entire debt load more manageable, even if you'll have a balance on the nondischargeable obligations when your bankruptcy is discharged. Many debtors lack the discipline to complete a Chapter 13 repayment plan. It is a discussion you'll want to have with your lawyer.

    Pulling money out of a 401K plan to pay current obligations is generally foolish, because your 401K is protected from creditors while the cash you pull out is not. If your creditors find out that you gave somebody $20K, I very much doubt that they're going to believe that it was to keep her from filing a child support case against you, as opposed to your trying to hide assets from creditors - you may have taken an exempt asset and made it something they can reach. If that happened a year ago, unless there's some evidence that the money is still yours and that she's simply holding it for you on a pretext, I doubt it will be an issue.

    A lot of people run up credit card debt before filing for bankruptcy. It's difficult for credit card companies to prove intent, so they typically rely upon statutory presumptions of preferences, debt accrued during the look back period, payment of some creditors but not others during the look back period, and the like to try to dispute recent charges or to try to recover money paid to one creditor as an improper preference such that it can be shared by all creditors.

    It is exceptionally difficult to get a hardship discharge for even part of a student loan. "I have lots of other debts and financial obligations" isn't a form of hardship the court will be concerned about.

    All in all, you should discuss your debts, assets, and income with a local bankruptcy lawyer to determine if you qualify for Chapter 7 bankruptcy, whether or not you do whether you should instead consider Chapter 11, and what a creditor is likely to make of your recent financial transactions.

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