Contact child support enforcement in your area immediately do not delay, this will have to be filed with his bankruptcy and he will still be required to pay, this is an obbligation not a choice. Do not delay.
send a statement to the patient's employer
It should, but only for as long as the bankruptcy is active, and only so long as the debt is listed after the bankruptcy is discharged. More accurately, the garnishment must stop when the plantiff in the judgment has received notice that there is a bankruptcy.
Child support is not dischargeable in bankruptcy. It may be discharged for a number of other reasons: child deceased; child emancipated, etc.
You list the creditor or collector of the last notice your received. For example if you received a collection notice from an agency for a debt from Capital One you list it in that form. XXX agency for Capital One acct.
You don't receive a "final decree" in bankruptcy court. For a c. 7 you first get an Order of Discharge, which discharges all dischargeable debts. Then you get a notice that your case was closed. For a Chapter 13, the C. 13 Trustee must first file a report that the plan has been completed. In many courts you must then file a motion for discharge, also certifying whether you are paying any child support. Then you get your order of discharge and, later, notice of case closed.
Only those creditors you list on your bankruptcy schedules / creditor matrix (list) will receive actual notice.
I received a Notice of Hearing. Do I have to appear in court?
Everyone that may have an interest or reason to know.
The bankruptcy petition is the document filed with the court that includes all your debt, assets, creditors and debtors, as well as personal information. Preparing this takes time and expertise, so consult a local attorney. The lawyers at Allied Bankruptcy are here to assist you in this, call 1 (800) 988-0422 The Bankruptcy Notice is what is sent out to everyone listed in the petition.
Several possible reasons.Codebtors get notice. If you are still jointly on any debts with her, even if you have worked out in the divorce who is responsible for paying them, then she gets notice.Domestic support recipients get notice in a chapter 13, even if you are completely current. So if you have to pay her any spousal or child support, she gets to know about the bankruptcy even if you don't owe any arrears and the bankruptcy has "nothing to do with" her check.Creditors get notice. If you owe her anything, she has the same rights as any other creditor to show up at the hearing, file objections, etc. But since I'd think you'd remember if you listed her as a creditor and expect the problem, my guess is it is one of the former two reasons.
When a bankruptcy is filed, an "automatic stay" takes effect, essentially a prohibition against any collection action by a creditor without the court's permission. This occurs even if the creditor has no immediate notice of the filing. Any collection action taken after the filing must be undone by the creditor.If there is a proceeding in a civil court to collect the debt, the appropriate action for the debtor is to notify the court of the filing, giving the name and address of the bankruptcy court, the date of filing and the docket number of the case in the bankruptcy court. This is often called a "suggestion of bankruptcy" or notice of bankruptcy."
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