Domestic Support Obligations, Part 1--Protecting Support Creditors in Bankruptcy

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Whether in anticipation of divorce, in the middle of divorce proceedings, or after the divorce is final, bankruptcy can create havoc for debtors and creditors alike. Family law attorneys are familiar with the anxiety their clients' suffer when the threat of bankruptcy becomes a reality.

Do child support obligations disappear along with other discharged debts? Will an ex-spouse lose her claim to spousal maintenance because of her ex's insolvency?  The short answer to both questions is "No"--domestic support obligations (DSOs) survive bankruptcy. But at a time of record bankruptcy filings, being vigilant in protecting those obligations could mean the difference between security and disaster.

Here's an example of vigilance...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Scott David Stewart, Stewart & Lane, PLC | Attorney Advertising

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