Do We Disclose Unpaid Child Support On Petition?

Question:
My girlfriend and I are trying to prepare a pro-se bankruptcy chapter 7 filing. The only item we are confused about is the fact that her ex-husband, who is under a child support order after their divorce, has not paid her any money since 1996. (She doesn't want problems with him so she hasn't tried to get the money.) Does this non-payment of support need to be placed on the petition, as part of her personal property? There is an item on "Schedule B" that asks for alimony and support to which you may be entitled...I think the the support husband hasn't paid belongs to her KIDS, not her, and should not be placed on the petition. She thinks I am wrong, and the trustee will sue her ex, which she doesn't want. Am I right?

Answer:
I've taken over a number of cases where a debtor prepared and filed the various bankruptcy documents without the help of an attorney. Apart from the fact that the schedules generally have to be completely redone (the exemptions are usually wrong, debts are not listed, assets are not listed or are listed or valued incorrectly, the Statement of Financial Affairs is incorrect, and the budget is generally wrong), a number of these people lost their homes as a result of not being advised about what was required, how the process worked, how to value assets, how to deal with various types of debts, etc.--something an attorney is required to do. Others ran into severe problems at the Meeting of Creditors, where they have no one to turn to for preparation or advice, Generally, pro se debtors don't know what the Trustee is looking for, or how to properly deal with the Trustee's questions and concerns. One ended up being charged with bankruptcy fraud--all because she didn't understand the effects of what the information put in their schedules meant. Bankruptcy is a very tricky area of the law (even to attorneys who don't regularly practice it). Interestingly enough for a federal system, it is very state and locality specific. What will work in California, for example, probably won't fly here in Maryland. Do yourself a big favor--see a lawyer.





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