Legal Question in Bankruptcy in Massachusetts

My ex husband and his wife filed for chapter 13 over a year ago. He owed me $4000.00 in child support which is part of his bankruptcy. He was suppose to stay current from that point forward. He has been paying into his bankruptcy plan since July (almost 10 months). Not only is he now 12 weeks behind, but I haven't seen a dime from the $4000.00. What do I do?


Asked on 4/19/12, 10:17 am

1 Answer from Attorneys
L. Jed Berliner Berliner Law Firm

It can take months for the chapter 13 trustee to be authorized to distribute payments on the arrears, and a chapter 13 discharge at the end of the case will only issue upon an affidavit of being current on the new support payments.

Call the Chapter 13 trustee, Carolyn Bankowski, Esquire, Standing Chapter 13 Trustee, POB 8250, Boston, MA 02114-0033; (617)723-1313. Okay to leave word with staff. She can ask that the chapter 13 case be dismissed.

That does not help you today. There's an exception in the automatic stay of bankruptcy to garnish wages of a chapter 13 debtor for child support, BUT YOU MUST NOT RELY ON THIS INTERNET COMMUNICATION. YOU MUST GET ADVICE FROM YOUR OWN LAWYER. Good luck. Go to NACBA.com for a lawyer near you. I'm too far away from Stoneham, sorry.

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Answered on 4/19/12, 11:25 am


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