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Automatic Stay Protection in Family Court

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    Automatic Stay Protection in Family Court

    My wife and I have filed Chapter 13, have begun paying our repayment plan, and are awaiting our confirmation hearing. Since being notified of our BK and being listed as a creditor my exwife has filed contempt against me. I am paying all our marital debt, have paid off 2 of her credit cards years ago, and am still paying on the remaining car outside the BK. I am current on CS, by the way, this is not an issue. The judge has already informed her that our decree does not state I have to refinance the marital home, have tried 3 times unsuccessfully to do so, and there is nothing I or they can do on that. Even though I have been current since the BK, in fact BECAUSE of th BK, she still wants to press charges. When I mentioned the Chapter 13, the judge stopped everything and warned my ex that she could be in trouble with federal court for pursuing, suggested she just wait and see what I did in the future, but of course, she demanded they set a contempt hearing date.

    I've read it both ways...that family court is exempt from the stay and also that only in SUPPORT cases. This is not a support case. I'm current on CS and she wasn't awarded alimony, it was stated I would pay all the debts IN LIEU of maintenance. My attorney is going to pursue something against my exwife and possibly her attorney...not sure if it's just a strongly worded letter or actual complaint to the trustee.

    #2
    My ex attempted to pursue a frivolous quest for additional child support by seeking assignment of a GAL for one of our kids and asking me to pay half of those fees ($800 up front & $250 an hour after since the GAL is an attorney). I simply told the judge about my C13 plan and he informed her she would have to cover the full cost as I cannot be held responsible for that without her getting an attorney and having the stay lifted in bk court .

    Now, I don't know how far the stay goes, I'll find out soon I suppose since it's not over yet.
    19% dividend

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      #3
      Although you're question wasn't specifically about child support, here is some good reading:

      19% dividend

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