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Shaver v. Forgette (In re Forgette)

Shaver v. Forgette (In re Forgette)

Ruling
Debtor's liability for car payments pursuant to divorce decree was not a domestic support obligation and was subject to stay.
Procedural posture

Movant, the ex-wife of a chapter 13 debtor, sought relief from stay pursuant to 11 U.S.C. § 362(b) or (d) to enable her to go to state court to enforce that portion of a divorce decree under which debtor was obligated for all indebtedness associated with a vehicle that the parties had owned during their marriage and which decree awarded movant certain rights of use for a limited period of time.

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Consumer opinion summary, case decided on November 30, 2007 , LexisNexis #0108-072