Q: What is the difference between a creditor and an expense, Chapter 13?

A: Any bankruptcy case deals primarily with "claims" existing on the date of filing, not so much the entities that hold those claims. However, initially, the court requires that a full list of all creditors with claims on the date of inception of the bankruptcy case, with names and addresses. The bankruptcy court clerk uses that list to notify each such person of the filing of the bankruptcy.

You do not say whether your ex- filed a Chapter 7 or Ch. 13 bankruptcy. In a Ch. 7, a trustee is promptly appointed in the case, and he takes all assets listed, and likewise assumes all identified liabilities on the petition date. He also has the right to object to any of those claims.

He also has the right to demand the return of payments made within ninety days of the petition date to unsecured claims, if those payments are preferential.

Within weeks after a trustee in a Ch. 7 case is appointed, he will hold a first meeting of creditors. At that time, he will question the debtor about the accuracy of the Schedules of assets and liabilities, and possible preferential payments (all of which must be disclosed under penalty of perjury in the Schedules and Statement of Affairs).

You should be a named claimant in the bankruptcy as the holder of an ongoing child support obligation, so you should receive notice of the bankruptcy, and appointment of trustee, shortly after the case is filed. You may communicate directly with the trustee, as well as appear at the 341 meeting (first meeting of creditors).

A Ch. 13 case differs somewhat, in that a debtor remains in possession of his property, etc. But there is a standing Ch. 13 trustee who looks over the debtor's shoulder during the case, and also conducts the first meeting of creditors. You should probably share your information about deficiencies in the debtor's filings with the Trustee prior to the first meeting.

Independent of the bankruptcy proceeding, the PA Domestic Relations service has jurisdiction of all divorce cases where ongoing support payments are ordered. Failure to pay is usually prosecuted by the DRS.

A: If he is required to pay for your attorney by a matrimonial order, this would be a domestic support obligation (DSO), which is not dischargeable in bankruptcy (meaning whatever is not paid through the bankruptcy, he would still owe the balance). Ex remains liable for the DSO regardless of whether bankruptcy continues or is dismissed.

Why do you want the case to be dismissed? If your DSO claims are part of the Chapter 13 plan, you'll be paid from the Plan by the Trustee , and whatever is not paid, you can still pursue recovery after bankruptcy is closed, while other creditors can't. If the case is dismissed, you would be fighting to collect what you're owed along with all other creditors.

It's doubtful the case would be dismissed for failure to list creditors anyway. People forget to list creditors all the time, it really depends if it was intentional and what the consequences would be. A creditor who was not listed might get their claim deemed nondischargeable if they didn't get a chance to share in distribution.