Skip to main content

§ 362(b)(2)(A)

Doughty, In re

Ruling
Court dismissed debtor's request for relief from violations of the automatic stay as the stay didnot apply to domestic support obligations. (B.A.P. 8th Cir.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax

ABI Membership is required to access the full summary of Doughty, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 17, 2019 , LexisNexis #0120-077

Welsch, In re

Ruling
Debtor's ex-wife did not need to obtain stay relief in order to seek modification of apreviously entered order for child support in order to collect college expenses. (Bankr. N.D.Ill.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax

ABI Membership is required to access the full summary of Welsch, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 30, 2019 , LexisNexis #0919-076

Pence, In re

Ruling
Court lifted stay to allow divorce court to either reaffirm its order dividing property that was subject to the stay or relitigate the division of estate property. (Bankr. D. Utah)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax Refunds, and Medical Obligations; Paternity, Domestic Support, Custody, Visitation, Dissolution of Marriage, and Domestic Violence.

ABI Membership is required to access the full summary of Pence, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 14, 2018 , LexisNexis #0318-095

In re Enright

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?

ABI Membership is required to access the full summary of In re Enright Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 13, 2015 , LexisNexis #0915-007

In re Palmieri

Ruling
Postpetition motion for spousal support filed in state court was excepted from stay.
Procedural posture

A chapter 13 debtor filed a motion for sanctions for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k), alleging that his former spouse violated § 362(a)(1) and (3) and arguing that § 362(b)(2)(A)(ii) did not except the filing from the automatic stay.

ABI Membership is required to access the full summary of In re Palmieri Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 21, 2011 , LexisNexis #0212-074

In re Forkish

Ruling
Debtor's former spouse did not violate stay by seeking determination of amount of attorneys' fees owed in state support proceeding.
Procedural posture

Based upon a motion filed by a chapter 13 debtor, the court issued an order directing his former spouse and her attorney to show cause why sanctions should not be imposed against them for alleged violations of the automatic stay under 11 U.S.C.S. § 362 in connection with state court proceedings for attorney's fees arising from a child support dispute. The debtor also filed an objection to his former spouse's claim for the attorney's fees.

ABI Membership is required to access the full summary of In re Forkish Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 02, 2010 , LexisNexis #0410-006

Garcia-Lawson v. Garland

Ruling
Stay applied to marriage dissolution action only to extent property of the estate would be distributed.
Procedural posture

Appellant chapter 13 debtor moved for a temporary restraining order and sanctions against appellee husband's attorneys, alleging that 11 U.S.C.S. § 362 imposed an automatic stay on the civil proceedings for dissolution of marriage. The bankruptcy court denied the Fed. R. Bankr. P. 8003 motion, the husband's motion for relief from the automatic stay, and the attorneys' motion to quash subpoenas. The debtor moved for leave to appeal the orders.

ABI Membership is required to access the full summary of Garcia-Lawson v. Garland Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 03, 2008 , LexisNexis #0109-043