My question involves bankruptcy in the state of: AZ
We live in Arizona, the CS arrears was reduced to judgment May, 2003, when the youngest emancipated in Colorado.
Filed Ch. 13 on 18 Feb. 2009. There is only one BK attorney in the area, with the next nearest being 2 hours away. Our BK attorney is a former CSE attorney so he's fighting us on the whole "child support reduced to judgment is dischargeable" and isn't too interested in finding out the law that applies to it.
We lost our copy of the paperwork when our basement flooded (when we lived in Ohio, not really relevant other than people thinking, "A basement can flood in Arizona?") Tried contacting the courts in Colorado. Clerk of Courts refuses to send us anything less than the full file with a copy cost of over $1000 because she "...doesn't think it's right anyone can just get out of paying child support for their babies." (The "babies" are 27 and 26 and have babies of their own and the woman went so far as to say she thought 18 was too young to stop paying child support. But this is the same court that refused to emancipate the oldest when he left for the Army right out of high school as the age of majority for CS purposes in Colorado is 19)
The CSE office acknowledges it was reduced to judgment but refuses to send us any paperwork to support that and is telling us they intend to represent the claim in court (which they already told me the couldn't do since no money was owed to the state and they don't represent "her" but the state) and in talking to a surprisingly nice woman at the state level, she affirms it IS a judgment and can't understand why the county office is giving us such a hard time.
I read, here and there on the internet, that CS arrears reduced to judgment following emancipation of all children are dischargeable in BK but cannot find law that supports it to show the attorney.
Since we are filing CH. 13, it is the ex that is the original creditor and she will be the one who has to take care of all the legal stuff related to it. She has used the system for two decades to abuse my husband and has relied on them to take care of everything. Based on my experiences with her, she will do nothing at all, expecting the government to take care of her like they always have. When she doesn't confirm the debt, it will be discharged, correct?
Also, CSE is refusing to lift the wage assignment related to this and the arrearages were included in the plan by the attorney.
How do we get the right thing done here and get everyone, including the (female) judge that this is "just like" any other judgment and should be treated as such.

