I had gone to a meeting sponsored by the Chapter 13 Bankruptcy Trustee, Truman, who was sitting at one end of a long table, while I was sitting at the other end. About six or seven people were sitting on each side of the table. I thought it was appropriate that I should sit at the other end of the table, since I would probably end up being the next trustee. The man sitting immediately to Truman's right gave a talk for about five minutes about child support in the context of chapter 13 bankruptcy. When the man had finished speaking, he asked if anyone had a question. No one did. Truman must have finally said something indicating the meeting was over, because the people began rising and leaving.
I was a bit disappointed because I would have liked to have heard some questions. After the man who had given the talk had left, and only Truman and three others were still left, I said I had a question. I first asked a couple questions, then finally asked a rather long question. I proposed a scenario where a man who filed bankruptcy was paying child support for a 16 year-old son. I knew the child support would stop when the son was either 17 or 18 years old. The man had a five year repayment plan to pay his debts, but he wasn't paying any money to unsecured creditors. The man stopped paying child support when the child became an adult. He continued paying on his plan for five years and reached the time of his discharge in bankruptcy. At that time one of the unsecured creditors objected to the bankruptcy. I asked the others what they thought would happen. I was also thinking of the more important question for me, of what would happen to the attorney for the debtor.
A man said the debtor would lose, another said he would win. I asked Truman to decide. Before Truman could answer, we got caught up in a discussion and he didn't answer. I asked him once again and he replied that he really didn't know. He said he wasn't even sure what the responsibilities of the Trustee were.
As I thought more about the question, I thought the debtor would prevail, because the unsecured creditors should have objected before the plan had been confirmed, instead of waiting until the time of discharge. I thought I had solved the problem for myself.
I asked Truman another question about child support. He made some mime motions, one of which looked like someone masturbating. I finally realized he was describing a situation where someone took photos of young girls, then masturbated to them. In that particular type of scenario the debtor would lose.
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