Comments on: What Prompts a Dischargeability Objection by a Credit Card Lender? http://www.thebklawyer.com/thebkblog/2006/12/11/what-prompts-a-dischargeability-objection-by-a-credit-card-lender/ Personal Bankruptcy tips and tricks moderated by Atlanta lawyer Jonathan Ginsberg Tue, 17 Jan 2012 01:57:46 +0000 hourly 1 By: JAMES SCHWITALLAhttp://www.thebklawyer.com/thebkblog/2006/12/11/what-prompts-a-dischargeability-objection-by-a-credit-card-lender/#comment-3783 JAMES SCHWITALLA Tue, 26 Dec 2006 03:52:46 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=96#comment-3783 MANY PEOPLE DOWN HERE THOUGHT THIS WAS A NEW PROVISION, BUT I CHECKED, AND IT IS NOT. THIS PROVISION DOES NOT ALLOW A CHAPTER 7 TRUSTEE TO GO AFTER YOUR HOME TO PAY FOR PAST DUE CHILD SUPPORT. THE PROVISION MERELY STANDS FOR THE PROPOSITION THAT NOTHING IN THE BANKRUPTCY CODE SUPPLANTS THE CHILD SUPPORT CREDITOR'S RIGHTS UNDER NON-BANKRUPTCY LAW. IN OTHER WORDS, THE DEBTOR CANNOT SAY THAT 522 PROTECTS HIM FROM A CHILD SUPPORT CREDITOR'S LEVY OUTSIDE OF BANKRUPTCY. MANY PEOPLE DOWN HERE THOUGHT THIS WAS A NEW PROVISION, BUT I CHECKED, AND IT IS NOT.

THIS PROVISION DOES NOT ALLOW A CHAPTER 7 TRUSTEE TO GO AFTER YOUR HOME TO PAY FOR PAST DUE CHILD SUPPORT.

THE PROVISION MERELY STANDS FOR THE PROPOSITION THAT NOTHING IN THE BANKRUPTCY CODE SUPPLANTS THE CHILD SUPPORT CREDITOR’S RIGHTS UNDER NON-BANKRUPTCY LAW. IN OTHER WORDS, THE DEBTOR CANNOT SAY THAT 522 PROTECTS HIM FROM A CHILD SUPPORT CREDITOR’S LEVY OUTSIDE OF BANKRUPTCY.

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