Lewisville, TX asked in Bankruptcy for Texas

Q: Recording chapter 7 bankruptcy with the court in Texas, before the hearing, will that stop State proceedings?

I know the back child support can never be washed away, but if by recording the Chapter 7 bankruptcy, will keep me out of debtors prison or jail?

Is this a true statement about filing bankruptcy, If you are behind on child support?

Filing a chapter 7 will get you out of jail by removing jurisdiction from the state, hands it over to the federal courts, automatic stay goes into effect as soon as the clerk stamp your chapter 7 application?

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2 Lawyer Answers
Cristina M. Lipan
Cristina M. Lipan
  • Bankruptcy Lawyer
  • Wantagh, NY

A: The automatic stay does not apply to criminal proceedings or domestic support obligations. Bankruptcy Code 362(b)(1) and (2).

(b)The filing of a petition under section 301, 302, or 303 of this title, or of an application under section 5(a)(3) of the Securities Investor Protection Act of 1970, does not operate as a stay—

(1)under subsection (a) of this section, of the commencement or continuation of a criminal action or proceeding against the debtor;

(2)under subsection (a)—

(A)of the commencement or continuation of a civil action or proceeding—

(i)for the establishment of paternity;

(ii)for the establishment or modification of an order for domestic support obligations;

(iii)concerning child custody or visitation;

(iv)for the dissolution of a marriage, except to the extent that such proceeding seeks to determine the division of property that is property of the estate; or

(v)regarding domestic violence;


Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: No. That is not a true statement and you will not get out of jail bc you file Chapter 7.

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