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Post petition interest on child support obligations
Moe,
I don't think you can discharge the postpetition interest on the child
support arrearages under the Foster case. Debtor is still personally liable
for the interest accruing postpetition according to Foster.
Come to the meeting on Saturday. Maybe we can talk about this case. I am a
former LA County BFSO (Family Support) DA.
Ty Takeuchi
>Reply-To: cdcbaa@yahoogroups.com
>To: cdcbaa@yahoogroups.com
>Subject: [cdcbaa] Post petition interest on child support obligations
>Date: Fri, 13 May 2005 00:11:52 -0000
>
>I have recently discovered that post petition interest on child
>support continues to accrue throughout the duration of the chapter 13
>plan (In re Foster 319 F3rd495). Debtor's plan is about to be
>completed, and the trustee should be recommending debtor's discharge.
> The plan did not have a provision that specifically stated that post
>petition interest would be discharged. Debtor has fully paid off over
>$40K through the plan to the DA pursuant to their POC. Based on my
>calculations debtor will owe the DA over 14K in post petition interest
>after the BK is discharged and closed. What can I do at this point to
>discharge the post petition interest?
>
>
>
>
>
>
The post was migrated from Yahoo.
I have recently discovered that post petition interest on child
support continues to accrue throughout the duration of the chapter 13
plan (In re Foster 319 F3rd495). Debtor's plan is about to be
completed, and the trustee should be recommending debtor's discharge.
The plan did not have a provision that specifically stated that post
petition interest would be discharged. Debtor has fully paid off over
$40K through the plan to the DA pursuant to their POC. Based on my
calculations debtor will owe the DA over 14K in post petition interest
after the BK is discharged and closed. What can I do at this point to
discharge the post petition interest?
The post was migrated from Yahoo.