Clients often inquire as to the reason that their ex-spouse must get a notice of their bankruptcy filing. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) requires Trustees of Chapter 7 and 13 cases to send a notice of bankruptcy filing and a notice of discharge if there is a claim for a domestic support obligation in a case. Bankruptcy filing and discharge notices must be sent to a claim holder, which in most cases is the ex-spouse and the applicable State Child Support Enforcement Agency established by the Social Security Act. Certain information must be included in the notices pursuant to the BAPCPA.
Published: Feb 16th, 2011