Bankruptcy filings under Chapter 7 are generally available to individuals seeking a fresh economic start.
Collecting Support from a Payor Who Has Filed Under Chapter 11
Matrimonial attorneys may believe that the Bankruptcy Code protects support creditors, insuring that they will be able to collect both ongoing support and support arrears. While it may be true that the support obligations cannot be discharged, during the pendency of a Chapter 11 case ' and that could be for years ' collection of support is increasingly a matter of federal law to be adjudicated by a federal court that is concerned with balancing the claims of the support creditor against the claims of all the other creditors.
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