- 11 U.S.C.
O'Brien, In re--O'Brien v. Skubic
Jul
21
2017
Ruling
Automatic stay did not apply to the service of a contempt motion to the extent it sought payment of the fee award by the debtor. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax Refunds, and Medical Obligations; Collection of Domestic Support Obligations From Non-Estate Property.
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Court
:
- 11 U.S.C.
Cascone, In re
May
18
2017
Ruling
Order that established the debtor's child support arrearage was not void as a violation of the automatic stay because the collection action was excepted from the stay. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax Refunds, and Medical Obligations; Collection of Domestic Support Obligations From Non-Estate Property.
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Court
:
- 11 U.S.C.
In re Rose
Dec
22
2016
Ruling
Bankruptcy debtor's former spouse not entitled for relief from stay as her Employee StockOption Plan was not a property of the debtor's bankruptcy estate. (Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax Refunds, and Medical Obligations; Collection of Domestic Support Obligations From Non-Estate Property.
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Court
:
- 11 U.S.C.
In re Holland
Sep
22
2016
Ruling
Debtor’s former spouse who had not filed a proof of claim was not entitled to relief from stay.(Bankr. E.D. Va.)
Issue(s)
Should debtor’s spouse be granted relief from the automatic stay to conclude a pending divorce case and seek a monetary award allocating marital assets?
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Court
:
- 11 U.S.C.
Florida Dep't of Revenue v. Gonzalez (In re Gonzalez)
Aug
11
2016
Ruling
State department of revenue properly held in contempt for violating terms of plan. (11th Cir.)
Issue(s)
Whether the Florida Department of Revenue (DOR) was properly held in contempt for attempting to intercept a travel reimbursement to a bankruptcy debtor to pay a domestic support obligation (DSO) after confirmation of the debtor's Chapter 13 plan.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Enright
Aug
13
2015
Ruling
Stay lifted for sole purpose of requesting state court ruling on recoupment of alleged child support overpayments by debtor's former spouse.
Issue(s)
Should relief from stay be granted to allow debtor's former spouse to recover alleged overpayment of child support?
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Court
:
- 11 U.S.C.
Caldwell v. Dewoskin
Jun
27
2014
Ruling
Court barred from considering alleged stay violations by Rooker-Feldman doctrine due to state court's prior orders.
Issue(s)
Could bankruptcy court consider whether the automatic stay applied to creditors' attempts to enforce the debtor's obligations in the state court's previous orders where the issue was thoroughly presented and argued before the state court and the state court decided that issue?
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Court
:
- 11 U.S.C.
Chapter 7 Trustee v. Texas (In re Good)
Sep
17
2013
Ruling
State's interception of federal tax refund to pay delinquent child support obligations did not violate stay.
Issue(s)
Did state interception of debtor's federal tax refund to pay delinquent postpetition child support obligations violate the automatic stay .
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Court
:
- 11 U.S.C.
In re Desouza
Jun
14
2013
Ruling
Bankruptcy court erred in holding that domestic support obligation orders requiring payment from property of the estate did not violate stay.
Procedural posture
Debtor challenged the U.S. Bankruptcy Court for the District of Massachusetts' determination that certain probate court orders regarding alimony and contempt did not violate the automatic stay.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Vaughan v. Vaughan (In re Vaughan)
Jan
29
2013
Ruling
Letter to state judge regarding applicability of stay to prepetition contempt motion filed by clerk postpetition did not violate stay.
Procedural posture
Chapter 7 debtor filed a motion for contempt and sanctions against respondents, the debtor's former spouse and the spouse's counsel, claiming that respondents violated the automatic stay under 11 U.S.C.S. § 362.
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Court
: