Child Support in Chicago Chapter 7 Bankruptcy

Filing for Chapter 7 bankruptcy in Chicago can be an uncomfortable experience, especially if you have child support payments. Making these payments on time is extremely important, but if you carry a past due balance and are filing a Chicago bankruptcy, they have a greater impact.

Typically, when Chapter 7 is filed, an automatic stay is issued that stops most collection activities from creditors. However, child support is exempt from this rule. This financial commitment does not get discharged, postponed, suspended or changed in bankruptcy even if it is Chapter 7. It must continue as the obligation states. In fact, filing may not stop any court proceedings or lawsuits that may be in progress regarding the payment default.

Why Can’t Child Support Be Discharged in Chapter 7?

In Chapter 7, there are several types of “priority debts” which are not dischargeable in Chicago bankruptcy. Child support payments receive special treatment because it is considered to be one of these priority debts. This means that any outstanding commitment of this type will survive the bankruptcy and will not eliminate or change your obligation to make ongoing payments or catch up on any in arears. You must continue to make the required installments on time.

A Hidden Benefit of filing a Chapter 7 with Child Support

If you have outstanding child support debt or cannot afford to make the required payments, Chapter 7 Chicago bankruptcy may have a silver lining. Since this court-mandated payment is prioritized over other debt, such as credit cards, those amounts may be wiped out leaving you enough cash to become current on the financial obligation to your child. Additionally, this requirement is at the top of the priority list, so it is paid even before other debts such as back taxes, making sure your children get precedence.

Court Mandated Payments are Prioritized Debt

If you have assets that are nonexempt, the Chapter 7 trustee appointed to your Chicago bankruptcy can liquidate them and use the proceeds to pay creditors. However, how the trustee distributes the proceeds depends on several criteria such as the amount owed and type of debt. Priority debt (child support), is paid before general unsecured debts (medical bills, credit cards, or car loans).

As a result, filing for Chapter 7 in Chicago can assist a child support creditor in collecting past due payments without having to engage in a separate legal action. If you are considering bankruptcy and have financial obligations mandated by the court, contact me today to learn how I can work with you to find the best filing solution.

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