Personal Bankruptcy chapter 13 after injury

[Nuyork99]

Can child support and student loans be added to chapter 13 if i had an injury and was not able to pay for a whole year?

I had jsut gotten back on track in 2005 finacailly, i had been working 2 jobs to pay my child support, in hopes that i could get to imtems on my credit. in april of 2005 i broke even with child support and freed up money to pay student loans. However, on apr 25th of 05 i was injured anc could not work for more than a year. Deeply enrooting me in debt with student loans and child support. Can a chapter 13 help me in my situation?

 

[Michael Wechsler]

My understanding is that Chapter 13 will absolutely not relieve you from child support payments. It wouldn't make sense. Your children are not debtors but dependents and need to receive care from an adult, that being yourself.

 

[billybankruptcy]

Ch. 13 after injury

NuYork - You can propose a Chap. 13 plan to pay back child support only, depending on your financial situation. It is a "priority" claim, meaning you can propose to pay it without proposing to pay other debt. The student loan issue is trickier. Student loans are "general unsecured debts", like credit cards, medical bills, etc. There is a provision in the Bankruptcy Code which says you cannot propose a Ch. 13 Plan which discriminates in favor of some unsecured creditors (in other words, propose to pay the student loans in the bankruptcy, but not pay other unsecured debts). Court decisions vary on this question, so I suggest you speak to an attorney who handles ONLY banruptcy cases.