Does the 2005 BACPA impose new duties on the bankruptcy trustee in a family law case?
The bankruptcy trustee must now give notice to all holders of domestic support obligations of the services provided by the state child support enforcement agency and the right to use such agency’s services to collect child support during and after the bankruptcy case. The trustee must also send notice of the claim to the state child support enforcement agency. This notice can be combined with the notice to the holder of the support claim. Additionally, another notice must be sent to the holder of a support claim and the state child support enforcement agency when a discharge is granted. The notice must contain the last known address of the debtor and the debtor’s employer. It must also contain the name of each creditor holding a claim that was not discharged under Section 523(a)(2), (4), or (14A) of the Code, or that was reaffirmed under Section 524(c) of the Code.
