November 21, 2017

Bankruptcy & the DSO (Domestic Support Obligation) Form

For any debtor filing a chapter 7 bankruptcy or a chapter 13 bankruptcy who pays domestic support obligations, such as child support or spousal support, a special form must be filled out and presented to the chapter 7 bankruptcy trustee or chapter 13 bankruptcy trustee (depending on which chapter of bankruptcy you file) at the 341a hearing, or bankruptcy hearing.

A domestic support obligation is defined under U.S.C. § 101(14A) as:  “a debt that accrues before, on, or after the date of the order for relief in a case under this title, including interest that accrues on that debt that is owed to or recoverable by a spouse, former spouse, or child of the debtor or such child’s parent, legal guardian, or responsible relative; or a governmental unit; in the nature of alimony, maintenance, or support (including assistance provided by a governmental unit) of such spouse, former spouse, or child of the debtor or such child’s parent, without regard to whether such debt is expressly so designated.”

The trustee uses the Domestic Support Obligation (DSO) form to give notice of the bankruptcy case to the claimant of the support (or person who receives support), such as an ex-wife or ex-husband, etc.

If a debtor’s address changes or employment changes during the period for which the bankruptcy case is open, the trustee must be notified of any such change.

A copy of the Domestic Support Obligation (DSO) form can be found here.

If you have questions about domestic support obligations in the context of bankruptcy, and procedural requirements, thereof, please contact my office for a free in-office bankruptcy consultation.

Pursuant to 11 U.S. Code § 528: "I am a debt relief agency. I help people file for bankruptcy relief under the Bankruptcy Code."

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