Expert: Terry Leeders - 6/25/2007

Question
QUESTION: I am going to get into banckrupt because of back child support from a child I had out my marriage.  I do this to force the state to stablish payment plan since the put a lien on me and do not want to give me payment plan.  How long it will take me to get back credit? (It is possible?).  How bad is living on banckruptcy? If I pay the banckruptcy in 3 years what happend after that?

Thank you

ANSWER: If I understand you correctly, you want to do chapter 13 to pay back your child support.  That is good.  The total child support arrears will need to be paid in full during your plan.  Once the chapter 13 bankruptcy is over, you should be able to establish credit right away.  My clients get homes within the first year, buy cars right away and get credit cards and loans right away too.  Keep in mind, that you would have to continue your current child support obligations as you go.  You should speak with an experienced chapter 13 attorney who can set up a repayment plan for you.


---------- FOLLOW-UP ----------

QUESTION: I talked to an attorney.  He told me that I give him a deposit, he fill an application for the bankcrupt and I pay some other +- $300 fee.  Then automatically that stops the lien.  Do that mean that while the bankcrupt is processed the child support agency could not confiscate my check for arrears?  How long after that should the bankcrupt process should take?   What happend if I get the money before the process is completed and I decide to pay in full?

Thank you

Answer
These are questions to ask your attorney.  The rules were changed to make child support payment a priority.  The process depends on what chapter you are filing and what issues you have.  You should call your attorney and they will provide you this information.  These are very case specific questions, that I don't have enough info about your full situation to answer for you Thank you.