• Child support cannot be discharged in a bankruptcy case.child image by Renata Osinska from Fotolia.com
  
  When an individual is behind on bill payments and sees no way to catch up on these payments in the near future, he might consider filing for bankruptcy. In both chapter 7 and chapter 13 bankruptcy cases, debtors receive a discharge of unsecured debts at the end of the case; however, there are some unsecured debts, including child support, that cannot be discharged.
  
  

Types of Debt

• Secured debts are debts that are backed by collateral. If a debtor has this type of debt and misses a payment, the creditor can take the debtor’s property according to the terms of the loan contract. Such debts include motor vehicle loans and mortgages.
  
  Unsecured debts are debts that are not backed by collateral. If the debtor misses payments, the creditor cannot take her property. The creditor will make telephone calls, send letters, make a negative mark on the debtor’s credit report or even sue the debtor. Unsecured debts include rent payments, medical debt, utility bills and domestic support obligations.
  
  

Discharge

• In a chapter 7 bankruptcy case, a bankruptcy trustee takes possession of the debtor’s property and decides which property can be sold and which property cannot be sold. The trustee’s role will be to sell the debtor’s nonexempt property and use the proceeds of the sale to pay the debtor’s creditors. After the creditors have been paid in a satisfactory manner, the bankruptcy court will discharge the debtor’s unsecured debts.
  
  In a chapter 13 bankruptcy case, the debtor must propose a debt repayment plan to be approved by the bankruptcy court. The plan will last from three to five years. A trustee will be appointed to the chapter 13 debtor’s case and accept the debtor’s plan payments. The trustee will then pay each of the debtor’s creditors each month he receives a payment from the debtor. If the debtor makes all scheduled payments into the plan on time, the bankruptcy court will grant the debtor a discharge of a portion of his unsecured debts.
  
  

Child Support

• Domestic support obligations, such as child support, never can be discharged in a bankruptcy case, regardless of what chapter is filed. When a parent has made a child support claim against the other parent who has filed for bankruptcy, the trustee must provide a written notice to the claimant informing her that she can use the services of the state child support enforcement agency to collect on the debt. The trustee also must provide written notice to the state child support enforcement agency that a claim exists against the debtor and give the name, address, and phone number of the claimant. The trustee needs to provide both the claimant and the state child support enforcement agency with notice of the bankruptcy discharge and the last known address of the debtor; the last known address of the debtor’s employer; and the name of each creditor holding a claim that was not discharged.