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In re Ashby

In re Ashby

Ruling
Plan could not be confirmed due to failure to pay consulting fee owed to former spouse.
Procedural posture

Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying his creditors. The debtor's ex-wife filed an objection to the debtor's plan and asked the court for relief under 11 U.S.C.S. § 362 so she could enforce a property settlement agreement ("PSA") she entered with the debtor when they were divorced in 2009. The court held a hearing on the ex- wife's objection and request for relief.

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Consumer opinion summary, case decided on January 23, 2013 , LexisNexis #0213-058