W. Va. Code R. § 97-6-27 - Bankruptcy as it affects support enforcement methods

27.1. When an obligor files a petition for bankruptcy in federal court, the bureau will assess all on-going enforcement activities to determine whether the activities may continue. Bankruptcy does not discharge support obligations; it merely changes the timing and methods by which support obligations may be collected. A bankruptcy may discharge any genetic testing fees or court costs owed by the obligor.

27.1.a. The ability to take enforcement activities after a petition for bankruptcy is filed is dependent upon the type of bankruptcy petition filed and the type of enforcement activity.

27.1.b. Income withholding, license suspension, income tax offsets, passport denial, credit bureau reporting and enforcement of medical support may continue to occur after the filing of a bankruptcy petition.

27.1.c. The filing of writs of execution, liens, suggestions, contempt actions, motions for judgment, as well as the sending of billing statements and letters requesting payment of support obligations shall cease when the bureau is notified of the filing of a bankruptcy petition by a support obligor.

27.2. When the obligor files a Chapter 13 bankruptcy petition, the bureau shall cooperate with the bankruptcy trustee to confirm the amount of debt owed by the filing of a proof of claim. The bureau shall also provide information to the trustee as to whether any support that has become due and owing since the time of the filing of the petition has been paid in a timely manner.

27.3. When the bankruptcy court confirms a Chapter 13 plan for an obligor, the bureau shall immediately review the plan to determine the method approved by the court for the collection of current support and any existing arrearage.

27.4. When an obligor's source of income or employer files a petition for bankruptcy the bureau may file a proof of claim to collect unpaid child or spousal support if the following circumstances have occurred:

27.4.a. Funds deducted from the obligor's income pursuant to a notice of income withholding were not remitted to the bureau; or

27.4.b. Funds that should have been deducted from the obligor's income pursuant to a notice of income withholding were not deducted.

Notes

W. Va. Code R. § 97-6-27