BANKRUPTCY

CS 890P-7 Bankruptcy – Attorney General’s Office (AGO) Referrals, Duration of Judgment, and Bankruptcy Completed/Dismissed

09/86 Revised 03/13/26 Training Completed 03/27/26 Last Reviewed 03/30/26

11 U.S. Code 501(a), 11 U.S. Code 502(a), 11 U.S. Code 507(7)(B); Utah Code 78B-2-112; Bankruptcy Court Local Rule 2083-1(g)

Attorney General’s Office Referral Procedures for Bankruptcy

Once you have determined that it is appropriate to send the case to the Attorney General’s Office (AGO) for bankruptcy, the case must be referred to the appropriate attorney in the Salt Lake City (SLC), Ogden, or St. George office based on where the bankruptcy was filed and according to the regional AGO alpha split.

Duration of Judgments and Collections

If a noncustodial parent (NCP) has filed bankruptcy and ORS is receiving payments from the Bankruptcy Court, ORS may continue to receive the payments, even if the duration of judgments has expired.

Utah has a Duration of Judgments statute which allows the collection of a child support debt for a time period of “majority plus four years” of the youngest child in the order or eight years from the date of entry of the sum certain judgment entered by a tribunal, whichever is longer (see CS 812P Duration of Child Support Judgments for additional information). However, if the NCP files for bankruptcy, the duration of judgments time-period stops while the bankruptcy is in place. If arrears payments are received after the “normal” duration of judgment time period has expired, Child Support Services (CSS) will still accept those payments.

For questions and information on this, contact the appropriate AAG in the SLC, Ogden or St. George office based on where the bankruptcy was filed and according to the regional AGO alpha split.

Bankruptcy Dismissed

If you receive notification that the NCP’s bankruptcy has been dismissed and the AGO has not yet been notified, contact the appropriate AAG in the SLC, Ogden or St. George office based on where the bankruptcy was filed and according to the regional AGO alpha split and close the AGO referral for bankruptcy. Update ORSIS to reflect the correct status of the case.

Once a bankruptcy case has been dismissed, it is no longer necessary to send referrals to the AGO for enforcement. Instead, enforcement actions requiring AGO assistance should be taken by the local attorney assigned to the team. For example, if an NCP files for bankruptcy, the case information (AGO referral) should be sent to the appropriate AAG in the SLC, Ogden, or St. George office based on where the bankruptcy was filed and according to the regional AGO alpha split. But, if later the court dismisses the NCP’s bankruptcy, the referral to the AGO is closed. Later, if it is appropriate to initiate a civil contempt action or other enforcement action requiring AGO assistance, send the referral for enforcement along with any necessary case information to the assigned AAG.

Satisfying a Judgment

In bankruptcy, a debtor attempts to have his/her debts discharged. This means s/he no longer has a legal responsibility to pay that debt. However, because domestic support obligations are not dischargeable, even if all of the NCP’s other debts are discharged; the bankruptcy code does not require a creditor to satisfy a debt that has not been paid. Therefore, a child support debt should never be satisfied unless the debt has been paid in full or settlement arrangements (CSS has accepted a lesser amount) have been made with the debtor/NCP.

NOTE: Payment in full on all settlement arrangements must be received and receipted in the office prior to satisfying a judgment.