Hot Topic for December

Domestic Support Obligations

HIGHLIGHTS

Pursuant to 11 U.S.C. 1228(a) & 1328(a)...

Discharge [is] subject to... a debtor who is required by a judicial or administrative order, or by statute, to pay a domestic support obligation... certif[ying] that all amounts payable under such order or such statute that are due on or before the date of the certification (including amounts due before the petition was filed, but only to the extent provided for by the plan) have been paid.

What to file?

A new local form called Certification of Domestic Support Obligations.

When to file?

After plan payments are completed.

How to file?

Bankruptcy > Miscellaneous > Certification re: Domestic Support Obligations

Failure to file?

May result in case closing without discharge.

October Facts:

In October 2008:
  • 250 Attorneys filed
  • 7,349 pleadings electronically
  • 44% of all pleadings filed

New Petitions filed by Electronic Case Filers:
  • 90 % October 2008
  • 90 % year to date

thank you support staff

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