What is the effect of an estranged spouse or ex-spouse filing a bankruptcy case?
• Alimony and child support obligations are generally not discharged in bankruptcy unless determined to be a disguised attempt to divide property. Such claims are likely entitled to priority status among creditors if there is a distribution in the case. • If the debtor has filed a chapter 13 bankruptcy, the child support creditor is likely prevented from pursuing the pre-bankruptcy child support outside the context of the bankruptcy case. • If the debtor has filed chapter 7 bankruptcy, the creditor owed child support may have to limit his or her attempts to collect to property that is not property of the bankruptcy estate. • Equitable distribution claims cannot be discharged in chapter 7 cases but can be in chapter 13 cases. How can court documents be reviewed or case information otherwise be obtained? If the bankruptcy case was filed in the Raleigh Division of the Eastern District of North Carolina, case information can be accessed through the Voice Case Information System at 919.856.
