The Children's Legal Guardian

[gmirror]

I am filing personal bankruptcy after a horrible divorce. The children's law guardian assigned by the court says she should be considered "child support" because she was the children's "lawyer" during the divorce. Can she be exempt? I need to know because she will contest the bankruptcy and force me to go to court. If she is right, I won't bother. I was told by my original divorce lawyer she couldn't do this, but, nevertheless.... she claims she will. Any correct advice would be greatly appreciated as my lawyer is not really an expert bankruptcy lawyer, and he doesn't know the answer. Yes, I know I should have a good lawyer, but I haven't the money.

Thanks in advance.

GMirror
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[HHM]

There is no harm in listing the Guardian as a creditor. Note, she cannot challegenge your BK on the whole, but she may challenge whether her debt is dischargable.

If you don't list her, then the debt won't be discharged. The only downside is that the court will consider the debt child support and you will have to pay it, (which is the position you are in now). By all means include her as a creditor and let the BK court figure it out, that is what they do.