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Hudson Valley area bankruptcy attorney

When you are struggling with excessive debt, any additional expenses can start to feel like impossible burdens. Unfortunately, this may include child support obligations stemming from a divorce or paternity judgment. Regardless of how much you may wish to contribute to your child’s financial support, you may find yourself wondering whether it is possible to obtain relief from child support obligations along with other debts by filing for bankruptcy.

Can Child Support Be Discharged in Bankruptcy?

When a person files for bankruptcy, they are able to have a variety of debts discharged provided that they fulfill their responsibilities. Dischargeable debts include mortgages, vehicle loans, personal loans, medical debt, and credit card debt, among others. However, they do not include child support obligations for either delinquent or future payments, nor do they include other domestic support obligations like spousal maintenance or alimony. This means that even after the bankruptcy process is complete, a pre-existing obligation to pay child support or spousal support will remain.

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Hudson Valley foreclosure defense attorney

During the COVID-19 public health emergency, a foreclosure moratorium on federally backed mortgages has helped many homeowners who are struggling financially due to unemployment, loss of business, and healthcare expenses. Thanks in part to an executive order issued by President Biden soon after his inauguration, several federal agencies have extended this moratorium. Additionally, a bill passed in the New York Senate at the end of 2020 has established a foreclosure moratorium within the state. It is important to understand whether you may qualify for relief under the terms of the state or federal moratorium, as well as how you can use that extended time to your advantage.

Federal and State Foreclosure Moratoriums

On President Biden’s first day in office, he issued an executive order asking certain federal agencies to extend their existing foreclosure moratoriums until March 31, 2021. Several of those agencies promptly complied with the president’s request, including:

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Rockland County bankruptcy attorney

Small businesses have been hit especially hard by the economic effects of the COVID-19 pandemic. While many businesses have found some relief thanks to the Paycheck Protection Program and other terms of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a large number of businesses are still struggling to make ends meet and fulfill their financial obligations. Small business owners in New York who are facing debt problems may benefit from pursuing a recent option known as Chapter 5 bankruptcy.

What Is Chapter 5 Bankruptcy?

The option commonly referred to as Chapter 5 bankruptcy is in actuality a modified version of Chapter 11 bankruptcy outlined in Subchapter V of Chapter 11 of the U.S. Bankruptcy Code. This option has been available since the 2019 passage of the Small Business Reorganization Act, and it was initially available only to businesses with less than $2,725,625 in debt. However, the CARES Act has expanded eligibility to businesses with up to $7.5 million in debt, at least through March 26, 2021.

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