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Bankruptcy and Domestic Support Obligations

Federal bankruptcy law recognizes an important class of debts known as domestic support obligations. In considering filing for relief under the bankruptcy code it is important to determine what constitutes a domestic support obligation and its potential effect on your bankruptcy.

It does not matter when a domestic support obligation became due according to the bankruptcy code. The obligation could have arose before, on, or after the filing of a bankruptcy petition. Interest will be considered part of the obligation as well.

A domestic support obligation must be owed to a spouse, former spouse, or child of the debtor or the child’s parent, legal guardian, or responsible relative. The obligation can also be owed to a governmental agency.

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Domestic support obligations constitute a very important type of debt in bankruptcy law. It is important to know what constitutes such an obligation in determining the effect filing bankruptcy will have on you.

The timing of a domestic support obligation is unimportant under the bankruptcy code. A domestic support obligation can arise before, during, or after the filing of a bankruptcy. Interest is included as part of the obligation.

Under the Code for a debt to be a domestic support obligation it must be owed to a spouse, former spouse, or child of the debtor or to the child’s parent, legal guardian, or responsible relative. The debt may also be owed to a governmental unit.

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Filing Chapter 7 bankruptcy can provide you with a fresh start and end a lot of hassles and headaches, but there are some barriers to filing a Chapter 7 bankruptcy. In order to file a Chapter 7 Bankruptcy you must meet all of the following requirements:

- You must finish a credit briefing session in person, by phone, or on the internet from a court-approved counseling agency within the previous 180 days;

- The state in which you are filing must have been your place of residence for the previous 90 days. If you have not resided in the state for 90 days then you may file in the state where the majority of your assets have been located for the last 180 days or where your principal of business is located;

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