Paying alimony after declaring consumer bankruptcy

Pursuant to Art. 343 of the Bankruptcy Law, the bankruptcy trustee satisfies the maintenance obligations of the bankrupt, falling due after the declaration of bankruptcy, in accordance with section 1 on their payment dates, until the date of preparation of the final division plan, each time for each entitled person in an amount not higher than the minimum remuneration for work. The remaining part of these receivables is not subject to satisfaction from the bankruptcy estate. The costs of the proceedings are paid from the bankruptcy estate first, and if the funds of the bankruptcy estate allow it, also other liabilities of the bankruptcy estate referred to in Art. 230 para. 2, as appropriate amounts are transferred to the bankruptcy estate.

The above means that consumer bankruptcy does not result in the abolition of the bankrupt’s obligation to pay maintenance payments on an ongoing basis. However, the way these obligations are fulfilled is changing. Current alimony is paid by the trustee, while arrears must be recovered as part of bankruptcy proceedings. Therefore, the maintenance creditor should submit his claims to the trustee. At the same time, it is worth remembering that alimony claims are satisfied under consumer bankruptcy first and are never written off.